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Decisions Per Curiam, Etc.

268 U.S.

No. 154. CREW LEVICK COMPANY V. THE CITY OF PHILADELPHIA, to the use of J. Joseph McHugh. Error to the Supreme Court of the State of Pennsylvania. Argued April 20, 1925. Decided April 27, 1925. Per Curiam. Dismissed for the want of jurisdiction upon the authority of § 257 of the Judicial Code, as amended by the act of September 6, 1916, c. 448, § 2, 39 Stat. 726; Jett Bros. Distilling Co. v. Carrollton, 252 U. S. 1, 5-6. Mr. David Wallerstein with whom Mr. W. B. Saul was on the brief, for plaintiff in error. Mr. Glenn C. Mead for defendant in error.

No. 220. FORT SMITH LIGHT & TRACTION Co. v. FAGAN BOURLAND ET AL. It is ordered by this court that the opinion heretofore filed be amended by inserting after the words“ franchise " in the last sentence of the opinion the words" or indeterminate permit.” Petition for rehearing denied. [See 267 U. S. 330.]

No. 404. LOUISIANA RAILWAY & NAVIGATION COMPANY v. MRS. ALICE S. DUPUIS. Error to the Supreme Court of the State of Louisiana. Motion to dismiss or affirm submitted April 27, 1925. Decided May 4, 1925. Per Curiam. Dismissed for want of jurisdiction upon the authority of $ 237 of the Judicial Code, as amended by the act of September 6, 1916, c. 448, § 2, 39 Stat. 726; Jett Bros. Distilling Co. v. Carrollton, 252 U. S. 1, 5–6. Mr. W. M. Barrow for defendant in error in support of the motion. Mr. E. H. Randolph for plaintiff in error in opposition to the motion.

No. 13, Original. STATE OF OKLAHOMA V. STATE OF TEXAS, UNITED STATES, INTERVENER. In Equity. Orders entered May 11, 1925. Announced by MR. JUSTICE VAN DEVANTER. See ante p. 252.

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268 U.S.

Decisions Per Curiam, Etc.

On consideration of the report made by Joseph M. Hill, Esquire, as special master, under paragraph 8 of the order of January 19, last, and of the exceptions of the Durfee Mineral Company to such report, it is ordered:

1. The exceptions are overruled and the report is confirmed;

2. The claim of T. P. Roberts and A. H. Britain to the royalty interest in the impounded proceeds of the oil and gas taken from receiver's wells 152, 153 and 154 is sustained and the claim of the Durfee Mineral Company to such royalty interest is denied;

3. The receiver is directed to pay out of such royalty interest the following costs incurred in the determination of those claims: To Joseph M. Hill, $2,250.00 for services as special master and $223.36 for expenses; and to the clerk of this court the clerk's costs and printing charges in so far as they may exceed the advance payments made by Roberts and Britain and the Durfee Mineral Company under paragraph 8 of the order of January 19, last;

4. The net balance of such royalty interest remaining after making the required deduction for receivership expenses and paying the costs named in paragraph 3 of this order shall be paid by the receiver to Roberts and Britain as the rightful claimants;

5. No allowance shall be made to either Roberts and Britain or the Durfee Mineral Company by way of reimbursement for expenses incurred and paid in producing witnesses before the special master and having the evidence reported;

6. All moneys advanced for costs under paragraph 8 of the order of January 19, last, by claimants other than Roberts and Britain and the Durfee Mineral Company shall be refunded to such claimants by the clerk. If the advance payments which were made by Roberts and Britain and the Durfee Mineral Company exceed the clerk's costs and printing charges, the excess shall be returned to them in equal proportions.

Decisions Per Curiam, Etc.

268 U.S.

No. 13, Original. STATE OF OKLAHOMA v. STATE OF TEXAS, UNITED STATES, INTERVENER. In Equity. Orders entered May 11, 1925. Announced by MR. JUSTICE VAN DEVANTER.

On consideration of the fourteenth report of the receiver it is ordered:

1. The accounts, disbursements and transactions of the receiver shown in the report are approved;

2. The receiver is directed to apply to receivership expenses the balance of approximately $6,800.00 remaining in his hands to the credit of the river-bed wells;

3. The receiver is directed to pay to the several claimants interested in the Texas or flood-plain wells the balance remaining in his hands to the credit of such wells and heretofore reserved to meet possible receivership expenses;

4. The receiver is instructed, as soon as may be convenient, to make any needful preparation for promptly closing the receivership; to store the books of account, records and files of the receivership with the Security Storage Company of Washington, D. C., in such manner as will make them readily accessible to the clerk of this Court; to pay the storage charges thereon in advance for a period of three years; to deliver such books, records and files as so stored to the clerk of this court; and to make and submit a final report covering his disbursements and transactions since the fourteenth report.

No. — Original. THE STATE OF LOUISIANA V. THE STATE OF MISSISSIPPI. May 11, 1925. Motion for leave to file a bill of complaint herein granted; and process ordered to issue returnable on Monday, October 5 next. Messrs. Robert Ash and John Dale for Louisiana. No appearance for Mississippi.

268 U.S.

Decisions Per Curiam, Etc.

No. 783. JAMES C. Davis, AGENT, ETC., v. DEXTER & CARPENTER, INC., ETC. Error to the Circuit Court of Appeals for the Fourth Circuit. Argued May 4, 1925. Decided May 11, 1925. Per Curiam. Affirmed upon the authority of Davis, Agent, v. Newton Coal Co., 267 U. S. 292; and United States v. Archibald McNeil & Sons, 267 U. S. 302. Mr. Duncan K. Brent, with whom Messrs. Francis R. Cross and A. A. McLaughlin were on the brief, for plaintiff in error. Messrs. Otto A. Schlobohm and William B. Symmes, Jr., for the defendant in error, submitted.

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No. 968. THE UNITED STATES OF AMERICA EX REL. OMAR LENOX MACKLEM V. COMMISSIONER OF IMMIGRATION AT THE PORT OF NEW YORK. Appeal from the District Court of the United States for the Southern District of New York. Motion, May 4, 1925. Decided May 25, 1925. Per Curiam. Motion to admit to bail denied, and cause transferred to the Circuit Court of Appeals for the Second Circuit, upon the authority of (1) the act of September 14, 1922, c. 305, 42 Stat. 827; Heitler v. United States, 260 U. S. 438, 439; (2) Farrell v. O'Brien, 199 U. S. 89, 100; Toop v. Ulysses Land Co., 237 U. S. 580, 583; Piedmont Power & Light Co. v. Graham, 253 U, S. 193, 195. Mr. Isaac Shorr, with whom Messrs. Walter H. Pollak and Carol Weiss King were on the brief, for appellant. The Solicitor General, Mr. Assistant Attorney General Donovan and Mr. Harry S. Ridgely for the appellee.

No. 830. BANCO DI ROMA v. PHILIPPINE NATIONAL BANK. Error to the Supreme Court of the State of New York. Motion to dismiss or affirm submitted March 2, 1925. Decided May 25, 1925. Per Curiam. Dismissed for want of jurisdiction on authorities cited. Mr. John T.

Decisions Per Curiam, Etc.

268 U.S.

Loughran for defendant in error in support of the motion. Mr. Carroll G. Walter for plaintiff in error in opposition to the motion.

No. 593. G. W. COFFEE ET AL. V. JOSEPH F. GRAY, RECEIVER OF THE TALLULAH FALLS RAILWAY Co. ET AL. Error to the Supreme Court of the State of Georgia. Motion to dismiss or affirm submitted April 20, 1925. Decided May 25, 1925. Per Curiam. Dismissed for want of jurisdiction upon the authority of 237 of the Judicial Code, as amended by the act of September 6, 1916, c. 448, § 2, 39 Stat. 726; South Carolina v. Seymour, 153 U. S. 353; United States ex rel. Taylor v. Taft, 203 U. S. 461, 464, 465; United States ex rel. Champion Lumber Co. v. Fisher, 227 U. S. 445; Philadelphia & Reading Coal & Iron Co. v. Gilbert, 245 U. S. 162. Messrs. S. R. Prince, L. E. Jeffries and Sanders McDaniel for defendants in error in support of the motion. Mr. Hooper Alexander for plaintiffs in error in opposition to the motion.

No. 1155. GEORGE Cox v. THE STATE OF FLORIDA; and

No. 1156. WALKER BRYANT v. THE STATE OF FLORIDA. Error to the Supreme Court of the State of Florida. Decided May 25, 1925. Per Curiam. Dismissed for want of jurisdiction ex mero motu, upon the authority of § 237 of the Judicial Code, as amended by the act of September 6, 1916, c. 448, § 2, 39 Stat. 726; Jett Bros. Distilling Co. v. Carrollton, 252 U. S. 1, 5-6. Motion to proceed as poor persons denied. Mr. W. D. Bell for plaintiffs in error. No appearance for defendant in error.

No. 13, Original. THE STATE OF OKLAHOMA v. THE STATE OF TEXAS, THE UNITED STATES, INTERVENER. Filed May 25, 1925. Final report of receiver received and filed, on motion of Mr. John Spalding Flannery, in that behalf.

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