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Decisions Per Curiam, Etc.

276 U.S.

Leon M. Bazile and John R. Saunders for defendant in

error.

No. 227. CORA B. BEATTY, EXECUTRIX, v. D. B. HEINER, COLLECTOR. On writ of certiorari to the Circuit Court of Appeals for the Third Circuit. Argued February 28, 1928. Decided March 5, 1928. Per Curiam. Affirmed on the authority of Irwin v. Gavit, 268 U. S. 161, 167, 168. The CHIEF JUSTICE took no part in the consideration or decision of this case. Mr. W. D. Stewart, with whom Messrs. Earl F. Reed and W. A. Seifert were on the brief, for petitioner. Mr. Alfred A. Wheat, Special Assistant to the Attorney General, with whom Solicitor General Mitchell was on the brief, for respondent.

No. 230. HENRY ELLISON ET AL. v. MAX KOSWIG, TRADING AS F. F. KOSWIG. On writ of certiorari to the Superior Court of the State of Pennsylvania. Argued February 28, 1928. Decided March 5, 1928. Per Curiam. The grounds which were presented in the petition for certiorari, because of which the writ was granted, do not prove to have a substantial basis in the record because of the lack of assignments of error therein showing the proper presentation of federal questions to the Superior Court of the State. The certiorari heretofore granted in this case is, therefore, yacated on the authority of Missouri Pacific Railroad Co. v. Hanna, 266 U. S. 184; El Paso & Southwestern Railroad Co. v. Eichel, 226 U. S. 590, 598; Chicago, Indianapolis & Louisville Ry. Co. v. McGuire, 196 U. S. 128, 131, 132. Mr. John G. Kaufman, with whom Messrs. H. Edgar Barnes and Albert T. Bauerle were on the brief, for petitioners. Messrs. Julius Henry Cohen and Kenneth Dayton were on the brief for respondent.

276 U.S.

Decisions Per Curiam, Etc.

No. 256. MRS. JAMES A. SWAYNE v. CITY OF HATTIESBURG, MISSISSIPPI. Error to the Supreme Court of the State of Mississippi. Submitted February 29, 1928. Decided March 5, 1928. Per Curiam. Affirmed on the authority of Embree v. Kansas City Road District, 240 U. S. 242, 250; Valley Farms Co. v. Westchester County, 261 U. S. 155, 162, 164. Mr. T. J. Wills for plaintiff in error. M. J. N. Flowers for defendant in error.

No. 709. LILLIAN WEARE v. UNITED STATES. On petition for writ of certiorari to the Circuit Court of Appeals for the Eighth Circuit. March 5, 1928. Per Curiam. The petition for a writ of certiorari to the Circuit Court of Appeals for the Eighth Circuit is granted, and, on confession of error by the United States, the judgment is reversed and the cause is remanded with directions to dismiss the case. Mr. Donald G. Hughes for petitioner. Solicitor General Mitchell, Assistant Attorney General Luhring, and Mr. Harry S. Ridgely for the United States.

No. 301. C. P. AND S. J. BEATY ET AL. v. W. S. RICHARDSON, TAX COLLECTOR. Error to the Supreme Court of the State of Georgia. Submitted March 5, 1928. Decided March 12, 1928. Per Curiam. Dismissed for want of jurisdiction for the reason that the federal questions sought to be presented were by the record abandoned in the State Supreme court. Harding v. Illinois, 196 U. S. 78, 88; Hulbert v. Chicago, 202 U. S. 275, 281; Central Union Telephone Co. v. Edwardsville, 269 U. S. 190, 194, 195. Mr. R. E. Church for plaintiffs in error. Messrs. George M. Napier and T. R. Gress for defendant in error.

No. 291. PENINSULA PRODUCE EXCHANGE v. NEW YORK, PHILADELPHIA AND NORFOLK RAILROAD COMPANY, AND THE PENNSYLVANIA RAILROAD COMPANY. Error to the

Decisions Per Curiam, Etc.

276 U.S.

Court of Appeals of the State of Maryland. Argued March 5, 1928. Decided March 12, 1928. Per Curiam. Affirmed on the authority of Kansas City Southern Ry. Co. v. Wolf, 261 U. S. 133, 139, 140; Danzer & Co. v. Gulf & Ship Island R. R. Co., 268 U. S. 633, 636. · Mr. J. M. Crockett, with whom Messrs. George F. Graham and Robert E. Quirk were on the brief, for plaintiff in error. Messrs. F. D. McKenney, John S. Flannery, George R. Allen, and Henry W. Biklé were on the brief for defendants in error.

No. 292. ARTHUR E. HOFFMAN, EXECUTOR, V. THE INDUSTRIAL COMMISSION OF OHIO. Error to the Supreme Court of the State of Ohio. Motion to dismiss submitted March 5, 1928. Decided March 12, 1928. Per Curiam. The motion to dismiss is granted for want of a federal question. Shulthis v. McDougal, 225 U. S. 561, 569; Hull v. Burr, 234 U. S. 712, 720; Norton v. Whiteside, 239 U. S. 144, 147. Messrs. Frank Davis, Jr., and Edward C. Turner for defendant in error in support of the motion. Messrs. Wm. H. Miller and Frank H. Ward for plaintiff in error in opposition thereto.

No. 296. C. A. KING & COMPANY v. D. O. HORTON; and No. 304. D. O. HORTON v. C. A. KING & COMPANY. Error to the Supreme Court of the State of Ohio. Argued March 5, 1928. Decided March 12, 1928. Per Curiam. The writs of error are dismissed for want of jurisdiction for the reason that the only federal questions presented are frivolous, on the authority of Farrell v. O'Brien, 199 U. S. 89, 100; Toup v. Ulyssess Land Co., 237 U. S. 580, 583; Piedmont Power & Light Co. v. Town of Graham, 253 U. S. 193, 195; Seaboard Air Line v. Padgett, 236, U. S. 668, 671; Quong Ham Wah Co. v. Industrial Com

276 U.S.

Decisions Per Curiam, Etc.

mission, 255 U. S. 445, 448, 449. Mr. Morris Townley, with whom Messrs. Robert Newbegin and E. R. Morrison were on the brief, for King & Co. Mr. A. L. Gebhard, with whom Mr. E. R. Effler was on the brief, for Horton.

No. 297. BEATRICE GRAYSON JOHNSON v. WRIGHT THORNBURGH, ADMINISTRATOR, ET AL. On writ of certiorari to the Supreme Court of the State of Oklahoma. Argued March 7, 1928. Decided March 12, 1928. Per Curiam. Dismissed for want of a federal question in that the decision of the court below could be sustained, and was sustained, on non-federal grounds. Eustis v. Bolles, 150 U. S. 361, 366, 370; New York ex rel. Doyle v. Atwell, 261 U. S. 590, 592; Richardson Machinery Co. v. Scott, ante, p. 128. Mr. A. L. Emery, with whom Mr. C. B. McCrory was on the brief, for petitioner. Messrs. Joseph L. Hull, Nathan A. Gibson, and James M. Hays were on the brief for respondents.

No. 319. STANDARD PIPE LINE COMPANY, INC., ET AL. v. COMMISSIONERS OF INDEX SULPHUR DRAINAGE DISTRICT. Error to the Supreme Court of the State of Arkansas. Argued March 7, 1928. Decided March 12, 1928. Per Curiam. The writ of error is dismissed on the authority of § 237 of the Judicial Code, as amended by the Act of February 13, 1925 (43 Stat. 936, 937), for lack of jurisdiction. Jett Bros. Distilling Co. v. City of Carrollton, 252 U. S. 1, 5, 6. Upon the application of the plaintiffs in error the writ will be treated as a petition for a writ of certiorari and will be considered upon the filing of briefs on such petition on or before March 21, 1928. Mr. Wm. H. Arnold, with whom Mr. David C. Arnold was on the brief, for plaintiffs in error. Mr. Henry Moore, Jr., was on the brief for defendants in error.

Decisions Per Curiam, Etc.

276 U.S.

No. 321. MUTUAL LIFE INSURANCE COMPANY OF NEW YORK V. EDGAR M. WRIGHT, GUARDIAN. On writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit. Argued March 7, 1928. Decided March 12, 1928. Per Curiam. Affirmed for the reason that the amount involved is not sufficient to sustain federal jurisdiction, on the authority of Elgin v. Marshall, 106 U. S. 578, 580; Opelika City v. Daniel, 109 U. S. 108, 109; Vicksburg, Shreveport & Pacific R. R. Co. v. Smith, 135 U. S. 195, 200; The Sydney, 139 U. S. 331, 334, 336; New England Mortgage Co. v. Gay, 145 U. S. 123, 127. Mr. Wm. D. Arant, with whom Mr. Frederick L. Allen was on the brief, for petitioner. Messrs. B. P. Crum and Richard T. Rives were on the brief for respondent.

No. 364. MUTUAL LIFE INSURANCE COMPANY OF NEW YORK V. STATE OF WISCONSIN; and

No. 365. NEW YORK LIFE INSURANCE COMPANY V. STATE OF WISCONSIN. Error to the Supreme Court of the State of Wisconsin. Argued March 8, 9, 1928. Decided March 12, 1928. Per Curiam. Dismissed for want of a substantial federal question, on the authority of Shulthis v. McDougal, 225 U. S. 561, 569; Hull v. Burr, 234 U. S. 712, 720; Norton v. Whiteside, 239 U. S. 144, 147. Mr. J. Gilbert Hardgrove, with whom Messrs. George P. Miller, Edwin S. Mack, Arthur W. Fairchild, and Frederick L. Allen were on the brief, for plaintiffs in error. Messrs. John W. Reynolds and T. L. McIntosh were on the brief for the State of Wisconsin.

No. 366. G. F. DEGRAFF, TREASURER, V. CITY OF SPOKANE, WASHINGTON. Error to the Supreme Court of the State of Washington. Argued March 9, 1928. Decided March 12, 1928. Per Curiam. Dismissed for want of a

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