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No. 738. PATENT SCAFFOLDING Co., Inc. v. UP-RIGHT, INC. ET AL. C. A. 9th Cir. Certiorari denied. C. P. Goepel and Stuart N. Updike for petitioner. Oscar A. Mellin and Jack E. Hursh for respondents. Reported below: 194 F. 2d 457.

No. 361, Misc. FURUSHO V. ACHESON, SECRETARY OF STATE. C. A. 9th Cir. Certiorari denied. A. L. Wirin and Fred Okrand for petitioner. Solicitor General Perlman for respondent.

No. 498, Misc. STORY V. FLORIDA. Supreme Court of Florida. Certiorari denied. Zachariah Hicklin Douglas for petitioner. Reported below: 53 So. 2d 920.

Rehearing Denied.

No. 78. VON MOLTKE V. GILLIES, SUPERINTENDENT, ante, p. 922; and

No. 395. RicHFIELD OIL CORP. v. UNITED STATES, ante, p. 922. Petitions for rehearing denied. MR. JusTICE CLARK took no part in the consideration or decision of these applications.

No. 654. GINSBURG v. BLACK ET AL.; and

No. 655. GINSBURG v. FIRST NATIONAL BANK OF CHICAGO ET AL., ante, p. 934. Rehearing denied.

No. 665. AUTO TRANSPORTS, INC. ET AL. V. UNITED STATES ET AL., ante, p. 923. The motions for leave to file briefs of Contract Carrier Conference, American Trucking Associations, Inc.; and Complete Auto Transport et al., as amici curiae, are denied. Rehearing also denied.

No. 299, Misc. Iva IKUKO TOGURI D'AQUINO v. UNITED STATES, ante, p. 935. Rehearing denied. MR. JUSTICE CLARK took no part in the consideration or decision of this application.

343 U.S.

May 26, June 2, 1952.

No. 309, Misc. FREAPANE v. ILLINOIS, 342 U. S. 956. Second petition for rehearing denied.

No. 322, Misc. Mahler v. FRISBIE, WARDEN, ante, p.

935;

No. 397, Misc. Tate V. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ET AL., ante, p. 925; and

No. 416, Misc. BLACK V. MOORE, WARDEN, ET AL., ante, p. 931. Petitions for rehearing denied.

No. 395, Misc., October Term, 1950. BOZELL v. UNITED STATES, 341 U. S. 927. Second petition for rehearing denied.

JUNE 2, 1952.

Per Curiam Decisions.

No. 688. HAYS FINANCE Co., INC. ET AL. v. BAILEY, STATE Tax COLLECTOR. Appeal from the Supreme Court of Mississippi. Per Curiam: The motion to dismiss is granted and the appeal is dismissed for the want of a substantial federal question. Ross R. Barnett, P. Z. Jones, Malcolm B. Montgomery and Garner W. Green for appellants. Hubert Slaton Lipscomb for appellee. Reported below: 214 Miss. —, 56 So. 2d 76.

No. 771. DIXIE BROKERAGE & GUARANTY COMPANY OF JACKSON, INC. ET AL. v. BAILEY, STATE TAX COLLECTOR. Appeal from the Supreme Court of Mississippi. Per Curiam: The motion to dismiss is granted and the appeal is dismissed for the want of a substantial federal question pursuant to the stipulation of counsel to abide the judgment in No. 688, Hays Finance Co. v. Bailey, decided this day, supra. G. Garland Lyell and Garner W'. Green for appellants. Hubert Slaton Lipscomb for appellee. Reported below: 214 Miss. —, 55 So. 2d 438. .

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No. 707. GELLING v. Texas. Appeal from the Court of Criminal Appeals of Texas. Per Curiam: The judgment is reversed. See Joseph Burstyn, Inc. v. W’ilson, 343 U. S. 495, and Winters v. New York, 333 U'. S. 507. Robert H. Park, Herbert Wechsler, Philip J. O'Brien, Jr. and Sidney Schreiber for appellant. Price Daniel, Attorney General of Texas, and E. Jacobson, Assistant Attorney General, for appellee. Reported below: 156 Tex. Cr. R. ---, 247 S. W. 2d 95.

MR. JUSTICE FRANKFURTER, concurring in the judgment of reversal.

The appellant here was convicted under an ordinance of the city of Marshall, Texas, for exhibiting a picture after being denied a license by the local Board of Censors, and the conviction was affirmed by the Court of Criminal Appeals of Texas. The ordinance authorizes a local Board of Censors to deny a license for the showing of a motion picture, which the Board is “of the opinion” is "of such character as to be prejudicial to the best interests of the people of said City," and makes the showing of a picture without a license a misdemeanor. This ordinance offends the Due Process Clause of the Fourteenth Amendment on the score of indefiniteness. See my concurring opinion in Joseph Burstyn, Inc. v. Wilson, 343 U. S. 495, 507; and W’inters v. Wilson, 333 U. S. 507.

MR. JUSTICE DOUGLAS, concurring.

The appellant was convicted under an ordinance of the city of Marshall, Texas, for exhibiting a picture after being denied permission to do so by the local Board of Censors. The conviction was affirmed by the Court of Criminal Appeals of Texas. The ordinance authorizes a local Board of Censors to deny permission for the showing of a motion picture, which in the opinion of the Board is "of such character as to be prejudicial to the best interests of the people of said City," and it makes

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the showing of a picture after refusal of permission a misdemeanor.

The evil of prior restraint, condemned by Near v. Minnesota, 283 U. S. 697, in the case of newspapers and by Joseph Burstyn, Inc. v. W’ilson, 343 U. S. 495, in the case of motion pictures, is present here in flagrant form. If a board of censors can tell the American people what it is in their best interests to see or to read or to hear (cf. Public Utilities Comm'n v. Pollak, 343 U. S. 451), then thought is regimented, authority substituted for liberty, and the great purpose of the First Amendment to keep uncontrolled the freedom of expression defeated.

No. 760. PizzA v. LYONS, COMMISSIONER OF CORRECTIONS, ET AL.; and

No. 766. COUNTY TRANSPORTATION Co., Inc. v. New YORK. Appeals from the Court of Appeals of New York. Per Curiam: The appeals are dismissed for the want of a substantial federal question. Henry K. Chapman for appellant in No. 760. Edward R. Brumley for appellant in No. 766. Nathaniel L. Goldstein, Attorney General of New York, Wendell P. Brown, Solicitor General, and Herman N. Harcourt, Assistant Attorney General, for appellees in No. 760. Lawrence E. Walsh for appellee in No. 766. Reported below: No. 760, 303 N. Y. 736, 103 N. E. 2d 345; No. 766, 303 N. Y. 391, 103 N. E. 2d 421.

Miscellaneous Orders.

No. 470, Misc. GLENN V. MANNING, SUPERINTENDENT;

No. 474, Misc. LACEY V. Eidson, WARDEN;
No. 477, Misc. ANDERSON v. TEETS, WARDEN; and

No. 501, Misc. GRANT v. GEORGIA. Motions for leave to file petitions for writs of habeas corpus denied.

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No. 497, Misc. Roach v. SUPREME COURT OF INDIANA. Motion for leave to file petition for writ of mandate denied.

Certiorari Granted.

No. 677. NATHANSON, TRUSTEE, v. NATIONAL LABOR RELATIONS Board. C. A. 1st Cir. Certiorari granted. Henry Friedman for petitioner. Solicitor General Perlman, George J. Bott, David P. Findling, Mozart G. Ratner and Frederick U. Reel for respondent. Reported below: 194 F. 2d 248.

No. 721. LLOYD A. FRY ROOFING Co. v. WOOD ET AL., AS ARKANSAS PUBLIC SERVICE COMMISSION. Supreme Court of Arkansas. Certiorari granted. James W. Il'rape and Glenn M. Elliott for petitioner. Eugene R. W’arren for respondents. Reported below: 219 Ark. 553, 244 S. W. 2d 147.

No. 725. STEELE ET AL. v. Bulova Watch Co., Inc. C. A. 5th Cir. Certiorari granted. W'. L. Matthews for petitioners. Maury Maverick, Sanford H. Cohen and Isidor Ostroff for respondent. Reported below: 194 F. 2d 567.

No. 736. MONTGOMERY BUILDING & CONSTRUCTION TRADES COUNCIL ET AL. v. LEDBETTER ERECTION Co., Inc. Supreme Court of Alabama. Certiorari granted. J. Albert Woll, Herbert S. Thatcher, James A. Glenn and Earl McBee for petitioners. Jack Crenshaw and Files Crenshaw for respondent. Solicitor General Perlman, George J. Bott, David P. Findling, Mozart G. Ratner and Bernard Dunau filed a brief for the National Labor Relations Board, as amicus curiae, supporting the petition. Reported below: 256 Ala. 678, 57 So. 2d 112.

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