By by by By: Appellate Docket
By by by By: Appellate Docket
STATISTICS
Miscella-
Original Appellate neous Total
GENERAL:
Page
Court convened October 6, 1969, and adjourned June 29,
1970 1 and 510
Court recessed to attend President's State of Union
Message 211
Justice Hugo L. Black's Birthday, noted. Comments by the
Chief Justice 252
Reed, J., Designated and assigned to U.S. Court of Claims. 295
in
GENERAL— Continued
Page
Clark, J.
Designated and assigned to USCA-7 424
Designated and assigned to USCA-2 424
Designated and assigned to USCA-9 , 485
Designated and assigned to U.S. District Court for
the Northern District of California 485
Retirement of John F. Davis, Clerk; Remarks of Chief
Justice (June 8, 1970) ,
447
Appointment of E. Robert Seaver, Clerk (June 8, 1970) 447
Appointment of Mr. Rowland F. Kirks, Director of Ad-
ministrative Office of the United States Courts (June 8,
1970) , 447
Presentation of Justice Blackmun before Court by Attorney
General ,
456
Blackmun took oath
Justice of office (June 9, 1970) 457
Remarks of Chief Justice 457
Allotment of Justices to Circuits.— 457^58
RULES:
Motion to dismiss granted for failure to docket case within
time prescribed by Rule 13 of the Rules of this Court
(681, 805, 854, 1022) , 169, 215, 220, 234
Motion to file brief, as amicus curiae, granted provided the
size of the print and pages of his brief is made to con-
form with requirements of Rule 39 (1) (4)-(305) 198
Amendments to Federal Rules of Appellate Procedure
ordered and Chief Justice authorized to transmit to
Congress (March 31, 1970) Amendments to Rules of
;
APPEALS
Appeal dismissed without statement of a reason (1776
Misc.) , . 418
IV
APPEALS — Continued
Page
Additional questions posed by Court (305, 1155, 837) 13,
498, 499
Extension of time to docket appeal from U.S. District
Court granted, time for docketing appeal extended to
date when appeals from a later decree by the same court
are required to be docketed, or if no appeals is noted, until
a certain later date. (No. ) 73
Appeal under 18 U.S.C. 3731 from U.S. District Court dis-
missed for want of jurisdiction (305) 492
Dismissed for want of a final judgment (68) 272
Judgment vacated and case remanded so that Court may
enter fresh judgment from which a timely appeal may be
taken to the Court of Appeals (1568) 496
Appeal dismissed for want of properly presented federal
question (1525 Misc.) 497
Order postponing further consideration of the question of
the jurisdiction to the hearing of the case on the merits
revoked (330) 82
ARGUMENT:
Motion of amicus curiae to argue orally, denied (39, 135, 305,
399, 927, 565, 730, 1189) __ 10, 106, 198, 199, 235, 300, 498, 499
Motion for leave to participate in oral argument as amicus
curiae denied unless respondents cede to it part of their
time for argument (52) 10
Motion by Solicitor General to argue orally as amicus
curiae granted (59, 2 Misc.)__, 10, 11
Motion of amicus curiae to argue orally granted (266,
153) 11, 198
Oral argument, as amicus curiae, by special leave of the
Court (15, 34, 59, 60, 2 Misc., 153, 445, 829, 175, 59, 387,
896,1149,13) 46,
50, 62, 103, 156, 249, 279, 281, 282, 284, 361, 377, 381,
394
Argued pro se for appellants (39) 46
Counsel advised that Justice Brennan will participate, even
though absent, on basis of record, brief, and the tape of
oral argument (632) 64
Respondent's brief to come after oral argument (60) 104
V
ARGUMENT— Continued
Page
Motion for leave to argue pro hac vice granted (53, 71, 249,
300, 628, 830) 11, 74, 107, 171, 315, 345
Argument pro hac vice by special leave of Court ( 53, 628 ) 151,
325
Solicitor General invited to file brief and participate in oral
argument (175) 137
Cases restored to calendar for reargument (53, 75; 41, 59,
46 21, 50, 84, 179 730 4, 6, 11, 20, 265, 266, 565, 1149) ___
;
;
;
171,
198, 370, 464, 498
Argument postponed by reason of absence of a quorum
(221) 209
Motion for two attorneys to participate in oral argument
and additional time for oral argument, denied (696) 300
Memorandum to come after oral argument (269) ,
377
ATTORNEYS
Motion for appointment of new counsel, denied (40) 10
Motion for leave to argue pro hac vice granted (53, 71, 249,
300, 628, 830) 11, 74, 107, 171, 315, 345
Argument pro hac vice by special leave of Court ( 53, 628 ) _ _ 151,
325
Motion for appointment of counsel under Criminal Justice
Act, granted (189) ,
11
Appointment of Counsel by the Court (189, 270; 727; 84;
403; 830; 730; 387; 1142; 595; 1250; 642; 1389; 1389,
1302; 900; 1633) 11,
74, 86, 138, 160, 171, 215, 228, 235, 333, 345, 370,
397, 448, 498
Disbarment of counsel (149 Misc., 1382 Misc., 1922 Misc.) 12,
301, 449
Suspension and rule to show cause issued (1382 Misc., 1922
Misc.) 138, 315
Order of Court appointing counsel for petitioner revoked,
new counsel appointed (1389) , 397
BRIEFS
Typewritten supplemental brief authorized (632) 4
Typewritten brief ordered filed (40) 10
Solicitor General invited to file brief (214, 125, 236, 240
[within.30 days], 692, 1633) 11, 11, 13, 160, 171, 498
448-439—71 2
VI
BRIEFS—Continued
Page
Motion to strike brief of appellee, denied (11) 85
Motion to strike reference to agency reports and to order
Clerk to redeliver material not in evidence, denied
(1093) 256
Motion to file in this case an amicus brief filed in an earlier
case denied (13) , 85
Brief for respondent's to come after oral argument (60) 104
Motion to file supplemental brief after argument granted
(74) 255
Motion to file reply brief after argument, granted (2
Misc.) 293
Motion to amend petition or to file supplemental brief
granted (1019 Misc.) ,
311
Memorandum to come after argument (269) 377
CERTIORARI
Motion for leave to file supplement to petition for certiorari,
granted (220 Misc., 1019 Misc.) 12, 311
Certiorari granted as to some petitioners and dismissed as to
others (480 Misc.) 16
Order granting certiorari revoked (212, 524, 1337, 1195
Misc.) 45, 113, 394, 455
Motion to reinstate petition denied (353, October Term
1968) 52
Motion to enlarge scope of review denied (13) 53
Writs dismissed as improvidently granted (40, 731, 74, 127
[without prejudice to further appropriate proceedings] _ 135,
231, 287, 428
Moot by reason of death of one respondent. Judgment
vacated as to him and remanded to USDC with direc-
tions to dismiss petition for writ of habeas corpus as
moot (153) ,__ — 135
Motion to stay effectiveness of order denying certiorari and
petition for rehearing denied (391) 150
Motion for leave to file petition for writ of certiorari out
of time granted (628) -,— 161
Grant limited by Court to specified questions (43 Misc., 665
Misc., 1468 Misc., 33 Misc.) 13, 256, 371, 477
Motion to dismiss petition for writ of certiorari, as to de-
ceased, granted (18 Misc.) i
. 273
VII
CERTIORARI— Continued
Page
Motion for leave to amend petition in 375 Misc. granted
(531 Misc.) 470
EXTRAORDINAR Y WRITS
Motion for leave to file petition for writ of habeas corpus
denied. Papers treated as writ of certiorari; writ of
certiorari denied (608 Misc.) 81
Application for temporary injunctive order granted (944) _ 157
Motion for stay of temporary injunction granted pending
timely filing and disposition of appeal: Provisions for
various contingencies (No. No.
, ) 160, 497
Application for stay denied by equally divided court (No.
) 417
Motion for leave to file petition for writ of mandamus
denied without prejudice to right of petitioner to apply
to appropriate state court for relief sought (1463 Misc.) _ 454
Application for stay of deployment granted (No. ) — 475
Application for stay denied with leave to renew, if trial on
obscenity vel non has not commenced by August 3, 1970,
unless delay beyond that date occasioned by appellee
(No. ) i 498
OKDEKS —MISCELLANEOUS
Further consideration of suggestion of mootness postponed
to hearing of case (31) 10
Revocation of orders entered (212, 330, 524, 1337, 1195
Misc.) 45, 82, 113, 394, 455
Motion to expedite granted (2384 Misc. ; 915, 917, 921, 914,
916, 920, 1038, 1057) 509, 221
Motion to expedite deferred (1713) 500
Motion to advance granted (1136,1598, 1753) 224, 459, 503
Motion to advance denied without prejudice to renewal fol-
lowing filing of statement as to jurisdiction (No. ) 227
Motion to defer consideration denied (1144 Misc., 1481, 476,
1618) 269, 467, 484, 503
Motion to transfer denied (No. ) ,
345
Justice Marshall took no part in consideration or decision
of matters on order list . 443
ORIGINAL CASES:
Special Master appointed (Honorable Albert B. Maris)
(35 Orig.) 448
Motion for the appointment of Special Master, granted
(Honorable Robert Van Pelt) (36 Orig.) 433
Special Master's report received and ordered filed (33
Orig.) ,
52
Special Master's report adopted (33 Orig.) 251
Motion for leave to file a bill of complaint denied (37
Orig.) 218
Motion to accelerate time for filing response denied (37
Orig.) 218
IX
PARTIES
Motion to substitute parties granted (241, 300) ,235, 370
Motion to dismiss petition as to deceased petitioner granted
(18 Misc.) 273
Judgment vacated and case remanded for findings as to
whether or not petitioner is in fact an indigent and pro-
RECORDS :
KEHEARINGS
Page
CONCLUSION:
Call of the Argument Calendar suspended for the Term on
May 4, 1970 394
Order fixing adjournment date 487
Final order, June 29, 1970 510
Present Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
:
X
THURSDAY, OCTOBER 9, 19 69 4
Present: Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
Douglas, Mr. Justice Harlan, Mr. J ustice Brennan, Mr. Justice Stew-
art, Mr. Justice White, and Mr. Justice Marshall.
390-278-69 2
MONDAY, OCTOBER 13, 1969 5
Present: Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
Douglas, Mr. Justice Harlan, Mr. Justice Brennan, Mr. Justice
Stewart, Mr. Justice White, and Mr. Justice Marshall.
ing the papers whereon the appeal was taken as a petition for writ
of certiorari, certiorari is denied. Opinion per curiam.
trict Court for the District of Maine vacated and case remanded to
United States District Court for the District of Maine with directions
to dismiss the case as moot. Opinion per curiam.
man of the Mississippi State Tax Commission. Appeal from the Su-
preme Court of Mississippi. The motion to dismiss is granted and the
appealis dismissed. Opinion per curiam.
Vision, Inc. Appeal from the Supreme Court of Illinois. The motion
to dismiss is granted and the appeal is dismissed for want of jurisdic-
tion. Treating the papers whereon the appeal was taken as a petition
for writ of certiorari, certiorari is denied. Opinion per curiam.
No. 177, Misc. Helen Bernard, appellant, v. New York City Em-
ployees' Retirement System et al. Appeal from the Appellate Division
of the Supreme Court of New York, First Judicial Department. The
motions to dismiss are granted and the appeal is dismissed for want of
a substantial federal question. Opinion per curiam.
New York. The motion to dismiss is granted and the appeal is dis-
missed for want of jurisdiction. Treating the papers whereon the ap-
peal was taken as a petition for writ of certiorari, certiorari is denied.
Opinion per curiam.
Orders in Pending Cases
390-278—69 4
MONDAY, OCTOBER 13, 1969 10
No. 19. The First National Bank in Plant City, Plant City, Florida,
petitioner, v. Fred O. Dickinson, Jr., etc., et al. and ;
and
No. 52. Clifford M. Hardin, Secretary of Agriculture, petitioner, v.
Russell Allen et al. The motion of Lorton Blair et al. for leave to file
No. 39. Richard Hall et ux., appellants, v. Harriet Beals, Clerk and
Recorder of El Paso County et al. The motion of the Bipartisan Com-
mittee on Absentee Voting for leave to participate in the oral argu-
ment, as amicus curiae, is denied.
No. 40. James Conway, petitioner, v. California Adult Authority
et al.The motions of the petitioner for an injunction and for the
appointment of new counsel are denied. The typewritten brief sub-
mitted by the petitioner is ordered filed.
No. 41. The Choctaw Nation and the Chickasaw Nation, petitioners,
v. Oklahoma et al. ; and
No. 59. The Cherokee Nation or Tribe of Indians in Oklahoma,
petitioner, v. Oklahoma et al. The motion of Wilkinson, Cragun and
Barker for leave to file a brief, as amicus curiae, is granted. The
motion of the Solicitor General for leave to participate in the oral
MONDAY, OCTOBER 13, 1969 11
No. 53. Sara Baird, petitioner, v. State Bar of Arizona. The mo-
tion of Peter D. Baird for leave to argue, pro hoc vice, is granted.
and
No. 266. Delia Mae Sanks et al., appellants, v. Georgia et al. The
motion of the State of Connecticut for leave to participate in the oral
argument, as amicus curiae, in support of the judgment in No. 81 is
granted. The motion of the National Legal Aid and Defender Associ-
ation in No. 81 for leave to file a brief, as amicus curiae, is granted.
The motion of The Center on Social Welfare Policy and Law et al.,
for leave to hie a brief, as amici curiae, is granted.
No. 189. James Minor, petitioner, v. United States. The motion for
the appointment of counsel under the Criminal Justice Act is granted,
and it is ordered that Phylis Skloot Bamberger, of New York, New
York, be appointed to serve as counsel for the petitioner in this
case.
et a!.Appeal from the United States District Court for the District
of Maryland. Motion of appellees for leave to proceed in forma
pauperis granted. In this case probable jurisdiction noted and case
placed on the summary calendar. Case set for oral agrument with
No. 540 in which certiorari granted today.
No. 185. Augie Keetz, Commissioner of Fish and Game for Alaska
et ah, appellants, v. John Bozanich et al. Appeal from the United
States District Court for the District of Alaska. In this case prob-
able jurisdiction noted and case placed on the summary calendar. Case
set for oral argument with No. 301 in which jurisdiction was noted
today.
No. 301. Loren J. Pike, etc., appellant, v. Bruce Church, Inc. Ap-
peal from the United States District Court for the District of Arizona.
Motion of Western Growers Association for leave to file brief, as
amicus curiae, granted. In this case probable jurisdiction noted and
case placed on the summary calendar. Case set for oral argument with
No. 185 in which jurisdiction was noted today.
No. 305. United States, appellant, v. John Heffron Sisson, Jr.
Appeal from the United States District Court for the District of Mas-
sachusetts. Further consideration of the question of jurisdiction in
this casepostponed to the hearing of case on the merits. Case placed on
the summary calendar and set for oral argument with No. 76 in which
certiorari granted today. In addition to the questions presented on
the merits, counsel are requested to discuss in their briefs and oral
arguments, not only the issue of jurisdiction under the "arresting a
judgment'' subdivision of 18 U.S.C. § 3731, but also the questions of
whether jurisdiction exists under either the "motion in bar" subdi-
vision or the "decision * * * setting aside or dismissing" subdivision
of 18 U.S.C. § 3731.
390-27S— 69
I o
MONDAY, OCTOBER 13, 1969 14
Certiorari Granted
Case set for oral argument with No. 305 in which further consideration
of question of jurisdiction was postponed today.
No. 153. Daniel McMann, Warden, et al., petitioners, v. Wilbert
Koss et al. Motion of respondents for leave to proceed in forma pauperis
granted. Petition for writ of certiorari to United States Court of
Appeals for the Second Circuit granted and case placed on the sum-
mary calendar. Case set for oral argument with No. 212 in which
certiorari was granted today.
Certiorari Denied
No. 94. John J. Pyne, petitioner, v. United States. Petition for writ
of certiorari to the United States Court of Appeals for the Seventh
Circuit denied.
390-27S—69 6
MONDAY, OCTOBER 13, 1969 18
tion for writ of certiorari to the United States Court of Appeals for
the Fifth Circuit denied.
No. 229. Vance A. Dobbins, Jr., and Jerry Calvin Smith, petition-
United States. Petition for writ of certiorari to the United States
ers, v.
Court of Appeals for the Fifth Circuit denied.
No. 232. Peter Ross, petitioner, v. Illinois. Petition for writ of
Court of Illinois, First District, denied.
certiorari to the Appellate
No. 243. Texas Oil & Gas Corp. et al., petitioners, v. Phillips Pe-
troleum Company. Petition for writ of certiorari to the United States
Court of Appeals for the Tenth Circuit denied.
No. 246. Samuel Eugene Patterson, petitioner, v. Indiana. Petition
Supreme Court of Indiana denied.
for writ of certiorari to the
39 0-278— 69 7
MONDAY, OCTOBER 13, 1969 22
No. 327. Walter Sher, petitioner, v. New York. Petition for writ of
Court of Appeals of New York denied,
certiorari to the
No. 341. Merrill Lynch, Pierce, Fenner & Smith, Inc., petitioner, v.
Donald W. Buttrey, etc. Petition for writ of certiorari to the United
States Court of Appeals for the Seventh Circuit denied.
writ of certiorari to the United States Court of Appeals for the Third
Circuit denied.
tion for writ of certiorari to the United States Court of Appeals for
the Ninth Circuit denied.
Appeals for the Second Circuit denied. Mr. Justice Douglas is of the
opinion that certiorari should be granted.
States Court of Appeals for the Sixth Circuit denied. Mr. Justice
Douglas is of the opinion that certiorari should be granted.
No. 296. Thomas Kadlec et al., petitioners, v. Illinois Bell Tele-
phone Company. Petition for writ of certiorari to the United States
Court of Appeals for the Seventh Circuit denied. Mr. Justice Douglas
is of the opinion that certiorari should be granted.
No. 99. Jane Levin, etc., petitioner, v. Great Western Sugar Com-
pany et al. Petition for writ of certiorari to the United States Court of
Appeals for the Third Circuit denied. Mr. Justice Douglas is of the
opinion that certiorari should be granted. Mr. Justice White took no
part in the consideration or decision of this petition.
MONDAY, OCTOBER 13, 1969 30
No. 26, Misc. Ollie Lee Brooks, Jr., petitioner, v. Lawrence E. Wil-
son, Warden. Petition for writ of certiorari to the LTnited States
Court of Appeals for the Ninth Circuit denied.
No. 36, Misc. Wallace Dean Cline, petitioner, v. Nevada, etc., et al.
No. 54, Misc. Pedro Crispin, petitioner, v. New York. Petition for
writ of certiorari to the Appellate Division of the Supreme Court of
New York, First Judicial Department, denied.
No. 55, Misc. Wayne A. Russell et al., petitioners, v. Minnesota. Pe-
tition for writ of certiorari to the Supreme Court of Minnesota denied.
No. 62, Misc. Johnnie L. Dal ton, etc., petitioner, v. California. Pe-
tition for writ of certiorari to the Supreme Court of California denied.
No. 96, Misc. In the Matter of Barbara Lynn Johnson et al., peti-
tioners. Petition for writ of certiorari to the Supreme Court of Wash-
ington denied.
No. 97, Misc. Mel Eddie Edwards, petitioner, v. Lou V. Brewer,
Warden. Petition for writ of certiorari to the Supreme Court of
Iowa denied.
No. 98, Misc. G. W. Carroll, petitioner, v. George J. Beto, Director,
Texas Department of Corrections. Petition for writ of certiorari to
the United States Court of Appeals for the Fifth Circuit denied.
No. 185, Misc. Alvin Ray Huff, petitioner,v. United States. Pe-
tition for writ of certiorari to the United States Court of Appeals for
the Fifth Circuit denied.
I
No. 228, Misc. Dorcy Smith, petitioner, v. New York. Petition for
writ of certiorari to the Court of Appeals of New York denied.
No. 233, Misc. Joe Arthur Zappia, Jr., petitioner, v. Arizona. Peti-
tion for writ of certiorari to the Court of Appeals of Arizona denied.
No. 234, Misc. Kenneth James Wells, petitioner, v. Walter E.
Craven, Warden. Petition for writ of certiorari to the United States
Court of Appeals for the Ninth Circuit denied.
No. 236, Misc. William Bryant, petitioner, v. Maryland. Petition
for writ of certiorari to the United States Court of Appeals for the
Fourth Circuit denied.
No. 238, Misc. Rubin F. Needel, petitioner, v. Palmer C. Scafati,
Superintendent. Petition for writ of certiorari to the United States
Court of Appeals for the First Circuit denied.
MONDAY, OCTOBER 13, 1969 38
'
cision of this petition.
|
Wyatt, United States District Judge for the South-
tioners, v. Inzer B.
ern District of New York. Motion for leave to file petition for writ of
mandamus and/or prohibition denied.
Rehearings Denied
|
Cecil Morgan et al.;
No. 548, October Term, 1968. Roderick Jenkins, appellant, v.
\
John Julien McKeithen et al.;
No. 573, October Term, 1968. National Labor Relations Board,
i petitioner, v. Gissel Packing Company, Inc., et al.
No. 670, October Term, 1968. Fred Banks, petitioner, v.
I California;
I
No. 770, October Term, 1968. Ted Steven Chimel, petitioner, v.
California;
No. 995, October Term, 1968. Ross Howard, petitioner, v. United
States;
No. 1089, October Term, 1968. Benjamin Levinson and Frank-
linMortgage Corporation, petitioners, v. United States;
MONDAY, OCTOBER 13, 1969 43
No. 1029, October Term, 1968. John J. DeLury, etc., et al., appel-
lants, v.City of New York. Motion for leave to file petition for re-
hearing denied. The Chief Justice took no part in the consideration or
decision of this motion.
No. 224, Misc., October Term, 1968. Frank Sturm, petitioner, v..
No. 550, Misc., October Term, 1968. Ralph Cooper, Jamison, pe-
titioner v. United States
No. 984, Misc., October Term, 1968. John Paul Anderson, appel-
lant, v. South Carolina;
MONDAY, OCTOBER 13, 1969 44
No. 1880, Misc., October Term, 1968. Mike Waldo Simmons, pe-
titioner, v. United States.
No. 1900, Misc., October Term, 1968. Salvatore Rispo, Jr., peti-
tioner, v. Pennsylvania;
No. 1922, Misc., October Term, 1968. William Ray Chase, peti-
tioner, v. Pennsylvania
No. 1937, Misc., October Term, 1968. Jack Kamsler, petitioner, v.
Frank J. Pate, Warden, et al. ; and
No. 1956, Misc., October Term, 1968. Louis Ludwik Furtak, pe-
tioner, v. New York. Petitions for rehearing denied. The Chief Justice
took no part in the consideration or decision of these petitions.
No. 887, Misc., October Term, 1968. Thomas Henry Robinson,
Jr., petitioner, v. United States. Motion for leave to file second petition
MONDAY, OCTOBER 13, 1969 45
for rehearing denied. The Chief Justice took no part in the considera-
tion or decision of this motion.
for rehearing denied. The Chief Justice took no part in the considera-
tion or decision of this motion and petition.
Present Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
:
Douglas, Mr. Justice Harlan, Mr. Justice Brennan, Mr. Justice Stew-
art, Mr. Justice White, and Mr. Justice Marshall.
Oral Argument
No. 15. Clarence DeBacker, appellant, v. Homer Brainard, Sheriff
of Dodge City, Nebraska. Argument continued by Mr. Richard L.
Kuhlman for the appellee, by Mr. Alfred L. Scanlan for the National
Council of Juvenile Court Judges, as amicus curiae, by special leave
of Court, and concluded by Mr. William G. Line for the appellant.
No. 39. Richard Hall et ux., appellants, v. Harriet Beals, Clerk and
Recorder of El Paso County, et al. Argued by Mr. Richard Hall for
the appellants, pro se. and by Mr. Bernard R, Baker for the appellees.
8<)0 -278— 69 9
TUESDAY, OCTOBER 14, 19 69 47
x
WEDNESDAY, OCTOBER 15, 19-69 48
Present: Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
Douglas, Mr. Justice Harlan, Mr. Justice Brennan, Mr. Justice Stew-
art, Mr. Justice White, and Mr. Justice Marshall.
Wheat on, Md., and Charles E. Bo wen, of Wheat on, McL, on motion
of Judge Kathryn J. Shook; John Devereaux Johnston, Jr., of New
York, N. Y., on motion of Mr. Lawrence Gerald Wallace Arthur E. ;
X
THURSDAY, OCTOBER 16, 1969 50
Present Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
:
Oral Argument
No. 19. The First National Bank in Plant City, Plant City, Florida,
Fred O. Dickinson, Jr., etc., et al. and
petitioner, v. ;
390-278—69 11
THURSDAY, OCTOBER 16, 1969 51
The day call for Monday, October 20, 1969, will be as follows : Nos.
29, 9 (and 16), 23, and 30.
x
MONDAY, OCTOBER 20, 19 69 52
Present Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
:
Douglas, Mr. Justice Harlan, Mr. Justice Brennan, Mr. Justice Stew-
art, Mr. Justice White, and Mr. Justice Marshall.
390-278—69 12
MONDAY, OCTOBER 20, 19 69 53
rescinded.
No. 135. Frederick Walz, appellant, v. Tax Commission of the City
of New York. The motion of Madaly Murray O'Hair et al. for leave to
file a brief, as amid curiae, is granted.
Certiorari Granted
Certiorari Denied
No. 338. Grace Grove Sappington and Lilliam Grove Shank, etc.,
i
States Court of Appeals for the Seventh Circuit denied.
No. 392. Billy Joe Tant and John Ted Jenkins, petitioners, v.
United States. Petition for writ of certiorari to the United States
;
Court of Appeals for the Fifth Circuit denied.
No. 396. Clifton H. Meisinger et ux., petitioners, v, William Scully
I et ux. Petition for writ of certiorari to the United States Court of
Appeals for the Tenth Circuit denied.
No. 398. Components, Inc., petitioner, v. Western Electric Com-
pany, Incorporated. Petition for writ of certiorari to the United States
Court of Appeals for the Third Circuit denied.
No. 410. John Odean Cass and Homer Kay Prevette, petitioners,
v. United States. Petition for writ of certiorari to the United States
for the Ninth Circuit denied. Mr. Justice Marshall took no part in the
consideration or decision of this petition.
No. 338, Misc. Richard Gambale, petitioner, v. Massachusetts. Pe-
tition for writ of certiorari to the Supreme Judicial Court of Massa-
chusetts denied. Mr. Justice Black and Mr. Justice Douglas are of the
opinion that certiorari should be granted.
No. 356, Misc. Ex parte Jack Kamsler, petitioner. Motion for leave
to file petition for writ of mandamus denied.
Rehearing Denied
Recess Order
The Court will take a recess from Monday, October 27, 1969, until
Monday, November 10, 1969.
Oral Argument
The day call for Tuesday, October 21, 1969, will be as follows : Nos.
30, and 28 (38, 43 and 44).
x
TUESDAY, OCTOBER 21, 19 69 59
Present Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
:
Douglas, Mr. Justice Harlan, Mr. Justice Brennan, Mr. Justice Stew-
art, Mr. Justice White, and Mr. Justice Marshall.
Oral Argument
and continued by Mr. Louis B. Dailey and Mr. Valentine B. Deale for
the appellants and by Mr. Fritz R. Kahn and Mr. Hugh B. Cox for
the appellees.
x
WEDNESDAY, OCTOBER 22, 19 69 61
Present: Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
Douglas, Mr. Justice Harlan, Mr. Justice Brennan, Mr. Justice
Stewart, Mr. Justice White, and Mr. Justice Marshall.
Oral Argument
B. Cox, by Mr. Fred H. Tolan and by Mr. K. K. Merrill for the appel-
lees,by Mr. Bichard W. McLaren for the appellants and concluded
by Mr. Valentine B. Deale for the appellants.
No. 31. Paul M. Brockington, appellant, v. James A. Rhodes,
Governor of Ohio, et al. Argued by Mr. Benjamin Sheerer for the
appellant and by Mr. Robert D. Macklin for the appellees.
No. 32. National Labor Relations Board, petitioner, v. J. H. Rutter-
Rex Manufacturing Company, Inc., et al. Argued by Mr. Arnold
Ordman for the petitioner and by Mr. Henry J. Read for the
respondents.
No. 41. The Choctaw Nation and the Chickasaw Nation, petitioners,
p.Oklahoma et al. and
;
X
THURSDAY, OCTOBER 2 3, 19 69 63
Present Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
:
Douglas, Mr. Justice Harlan, Mr. J ustice Stewart, Mr. Justice White,
and Mr. Justice Marshall.
390-278—69 15
THURSDAY, OCTOBER 23, 19 69
Oral Argument
X
MONDAY, OCTOBER 2 7, 1,9 69 65
Present Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
:
Douglas, Mr. Justice Harlan, Mr. Justice Stewart, Mr. Justice White,
and Mr. Justice Marshall.
390-278— G9 10
MONDAY, OCTOBER 27, 1969 66
Raymond Cluster.
Timothy J. McCarthy, of Providence, R.L, on motion of Mr. James
H. Duffy; Irving Francis Gregory, II, of Framingham, Mass., on
motion of Mr. Raymond Bergan; Delane C. Carpenter, of Tucson,
Ariz., and Anthony B. Ching, of Tucson, Ariz., on motion of Mr.
Edward B. Berger; Leonard S. Sands, of Los Angeles, Calif., on
motion of Mr. Abe Levy Thomas Richard Phillips, of Chicago, 111.,
;
Roth, of New York, N.Y., and Richard H. Troy, of New York, N.Y.,
on motion of Mr. Johnnie McKeiver Walters.
Lloyd Anderson, of Worcester, Mass., Nicholas G. Anderson, of
Worcester, Mass., Richard J. Baker, of West Boylston, Mass., Russell
F. Bath, Jr., of Worcester, Mass., Peter L. Bell, of Worcester, Mass.,
William E. Bernstein, of Worcester, Mass., Henry G. Bowen, of Fitch-
burg, Mass., John H. Campbell, of Hardwick, Mass., S. Anthony Ca-
prera, of Southbridge, Mass., Dominic A. Caronna, of Worcester,
Mass., Joseph J. Cariglia, of Worcester, Mass., Charles E. Cashman,
Jr., of Fitchburg, Mass., Gregory Lazar Chiriaco, of Worcester, Mass.,
Christopher Christopher, of Worcester, Mass., Francis Ward Conlin,
of Worcester, Mass., Thomas X. Cotter, of Worcester, Mass., Clement
T. Desautels of Worcester, Mass., Thomas J. Donahue, Jr., of Worces-
ter, Mass., Edwin P. Dow, of Rutland, Mass., Janet Rowe Dugan,
of Athol, Mass., Irvin E. Erb, of Fitchburg, Mass., John White Fel-
lows, of Boylston, Mass., Stephen A. Ferguson, of Worcester, Mass.,
Conrad W. Fisher, of Worcester, Mass., Robert Joseph Gallagher, of
Westboro, Mass., Joanne Marie Garabedian, of Worcester, Mass.,
Joseph A. Gattoni, of Milford, Mass., John Gazourian, of Clinton,
Mass., Andre A. Gelinas, of Fitchburg, Mass., Andrew A. Godimis, of
Worcester, Mass., Macey J. Goldman, of Worcester, Mass., Calvin C.
Gould, of Worcester, Mass., Harold D. Gould, Jr., of Worcester, Mass.,
Morris N. Gould, of Clinton, Mass., Gerald J. Helfenbein, of Worces-
ter, Mass., Rauni V. Helin, of Fitchburg, Mass., John E. Keenan,
;
N.J., John F. Butler of Hackensack, N.J., Henry J. Byrne, of Jersey
City, N.J., Edward J. Cahill, of Closter, N.J., Michael D. Capizola,
I of Vineland, N.J., Frank A. Carlet, of Clifton, N.J., James J. Casby,
Jr., of Camden, N.J.. Richard J. Casey, of Kingston, N.J., Michael J.
;
,
Cernigliaro, of Asbury Park, N.J., George M. Chamlin, of West Long
Branch, N.J., Harold Christoffersen, of Trenton, N.J., Leonard A.
Cinaglia, of Camden, N. J., Roger S. Clapp of New Vernon N.J. and ;
390-278—69 17
MONDAY, OCTOBER 2 7, 19 69 70
No. 399. Daniel Rowan, d/b/a American Book Service, et al., ap-
pellants, v.United States Post Office Department et al. Appeal from
the United States District Court for the Central District of California.
In this case probable jurisdiction noted and case placed on the sum-
mary calendar.
No. 85, Misc. In the Matter of Samuel Winship, appellant. Ap-
peal from the Court of Appeals of New York. Motion for leave to pro-
ceed in forma pauperis granted. In this case probable jurisdiction
noted. Case transferred to appellate docket and placed on the sum-
mary calendar.
Certiorari Granted
peals for the Sixth Circuit granted and case placed on the summary
calendar.
Certiorari Denied
tition for writ of certiorari to the United States Court of Appeals for
the Fifth Circuit denied.
No. 425. John v. Frank Standidge. Peti-
R. Hughes, petitioner,
Supreme Court of Louisiana denied.
tion for writ of certiorari to the
No. 392, Misc. Earl F. Mink, petitioner, v. U.S. District Court for
the Western District of Michigan et al. Petition for writ of certiorari
to the United States Court of Appeals for the Sixth Circuit denied.
No. 393, Misc. Thomas Davis, Jr., petitioner, v. United States. Pe-
tition for writ of certiorari to the United States Court of Appeals for
the Fourth Circuit denied.
No. 394, Misc. Joseph Eaymond Webster, petitioner, v. J. D. Cox,
Superintendent, Virginia State Penitentiary. Petition for writ of
certiorari to the United States Court of Appeals for the Fourth Cir-
cuit denied.
I
MONDAY, OCTOBER 2 7, 19 69 79
No. 521, Misc. Henry Gerald Liley, Jr., petitioner, v. United States.
Petition for writ of certiorari to the United States Court of Appeals
for the Sixth Circuit denied.
No. 522, Misc. Larry D. Dearman, petitioner, v. Kansas. Petition
for writ of certiorari to the Supreme Court of Kansas denied.
Mo. 527, Misc. Emmett J. Stebbins, petitioner, v. State Farm Mu-
tual Automobile Insurance Co. et al. Petition for writ of certiorari to
the United States Court of Appeals for the District of Columbia Cir-
cuit denied.
x
WEDNESDAY, OCTOBER 29, 1969 83
Present :Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
Douglas, Mr. Justice Harlan Mr. Justice Brennan, Mr. Justice
Stewart, Mr. Justice White, and Mr. Justice Marshall.
ann-9.7R_ftrt 1«
MONDAY, NOVEMBER 10, 19 &9 84
Present: Mr. Ohief Justice Burger, Mr. Justice Black, Mr. Justice
Douglas, Mr. Justice Harlan, Mr. Justice Brennan, Mr. Justice Stew-
art, Mr. Justice White, and Mr. Justice Marshall.
390-278—69 20
MONDAY, NOVEMBER 10, 19 69 85
ordered that Denis K. Morrill, Esquire, of Salt Lake City, Utah, be,
and he is hereby, appointed to serve as counsel in this case.
No. 540. Julia Rosaclo et al., petitioners, v. George K. Wyman,
etc., et al. The motion of People for Adequate Welfare for leave to
file a brief, as amicus curiae, is granted.
No. 429, Misc. Victor Frank Szijarto, petitoner, v. Elmer J. Ober-
hauser et al. The application for bail presented to Mr. Justice Brennan,
and by him referred to the Court, is denied.
No. 310. United States for the use of Audley Moore & Son, peti-
tioner, v.General Insurance Company of America. Petition for writ
of certiorari to the United States Court of Appeals for the Fifth
Circuit denied.
No. 400. Walter G. Fowler et al., petitioners, v. City of Charlottes-
ville et al. Petition for writ of certiorari to the Corporation Court of
|
Charlottesville of Virginia denied.
No. 438. Sears, Roebuck and Co., petitioner, v. Thomas M. Han-
et al. Petition for writ of certiorari to the United States Court
Inigan
of Appeals for the Seventh Circuit denied.
No. 442. Elizabeth L. Conrad, petitioner, v. Graf Bros., Inc., et al.
390-278—69 21
MONDAY, NOVEMBER 10, 19 69 89
for writ of certiorari to the United States Court of Appeals for the
Seventh Circuit denied.
No. 490. James M. Sinclair, Jr., petitioner, v. Anna Eoza Bough-
ton. Motion of respondent for leave to proceed in forma pauperis
granted. Petition for writ of certiorari to the United State Court of
Appeals for the Ninth Circuit denied.
No. 499. Federal Trade Commission, petitioner, v. Textile and
Apparel Group, American Importers Association, et al. ; and
No. 500. National Knitted Outerwear Association et al., petit-
tioners, v. Textile and Apparel Group, American Importers Associa-
tion, et al. Petitions for writ of certiorari to the United States Court
of Appeals for the District of Columbia Circuit denied. The Chief
Justice took no part in the consideration or decision of these petitions.
No. 6, Misc. William A. Lassiter, petitioner, v. California. Peti-
tion for writ of certiorari to the Court of Appeal of California, First
Appellate District, denied.
No. 8, Misc. Robert Virgil Yarnal, petitioner, v. Pennsylvania.
Supreme Court of Pennsylvania,
Petition for Avrit of certiorari to the
Western District, denied.
No. 78, Misc. Rex Sterling, petitioner, v. Frank J. Pate, Warden.
Petition for writ of certiorari to the United Slates Court of Appeals
for the Seventh Circuit denied.
No. 108, Misc. Alfred Moore, petitioner, v. New York. Petition for
writ of certiorari to the Court of Appeals of New York denied.
No. 115, Misc. Chester Lee Clift, petitioner, v. Kansas. Petition
for writ of certiorari to the Supreme Court of Kansas denied.
No. 118, Misc. William R. Geraway, petitioner, v. Massachusetts.
Petition for w^rit of certiorari to the Supreme Judicial Court of Mas-
sachusetts denied.
No. 119, Misc. Laurence Ray Yant, petitioner, v. Terrill A. Wil-
son, Judge, etc. Petition for writ of certiorari to the Court of Appeals
of Kentucky denied.
No. 121, Misc. Patrick Ralph Rizzo, petitioner, v. United States.
Petition for writ of certiorari to the United States Court of Appeals
for the Seventh Circuit denied.
No. 132, Misc. Michael Joseph McDermott, petitioner, v. Kansas.
Petition for writ of certiorari to the Supreme Court of Kansas denied.
No. 133, Misc. Charles Edward Lewis, petitioner, v. Max P. Frye,
Warden, et al. Petition for Avrit of certiorari tothe Supreme Court
of Illinois denied.
tiorari to the United States Court of Appeals for the Tenth Circuit
denied.
No. 142, Misc. Sherman T. Mullen, petitioner, v. California. Peti-
tion for writ of certiorari to the Supreme Court of California denied.
No. 147, Misc. John Buford Slaughter, petitioner, v. California
writ of certiorari to the United States Court of Ap-
et al. Petition for
peals for the Ninth Circuit denied.
No. 251, Misc. Wilfredo Rodriguez, petitioner, v. New York. Pe-
tition for writ of certiorari to the Appellate Division of the Supreme
Court of New York, Fourth Judicial Department, denied.
No. 291, Misc. Moses Pearsall, Jr., petitioner, v. Florida. Petition
for writ of certiorari to the Court of Appeal of Florida, First District,
denied.
No. 349, Misc. Alton Sanders, petitioner, v. Mississippi. Petition
for writ of certiorari to the Supreme Court of Mississippi denied.
No. 368, Misc. William Robert. Bowen, petitioner, v. Arizona. Pe-
tition for writ of certiorari to the Supreme Court of Arizona denied.
No. 371, Misc. John Wayne White, petitioner, v. California. Peti-
tion for writ of certiorari to the Court of Appeal of California, Second
Appellate District, denied.
No. 396, Misc. Ellis Eaton, United States. Peti-
Jr., petitioner, v.
tion for writ of certiorari to the United States Court of Appeals for
the Eighth Circuit denied.
No. 401, Misc. Peter D. Bogart and June Bogart, petitioners, v.
California. Petition for writ of certiorari to the United States Court
of Appeals for the Ninth Circuit denied.
No. 430, Misc. Placido Amalfitano, petitioner, v. J. Edwin La-
Vallee, Warden. Petition for writ of certiorari to the United States
Court of Appeals for the Second Circuit denied.
No. 439, Misc. Gilmer Swain, petitioner, v. David R. Barfield,
Recreation Director, etal. Petition for writ of certiorari to the
390-278—69 22
MONDAY, NOVEMBER 10, 1969 93
No. 496, October Term, 1967. Wien Alaska Airlines, Inc., peti-
tioner, v.United States and ;
No. 313, Misc. October Term, 1968. Joe Garrison Smith, petition-
er, v. United States. Motions for leave to file petitions for rehearing
Oral Argument
No. 42. Howard Ross and Bernard Ross, as Trustees for Lena
Rosenbaum, petitioners, v. Robert A. Bernhard et al. Argued by Mr.
William E. Haudek for the petitioners and by Mr. Marvin Schwartz
for the respondents.
x
WEDNESDAY, NOVEMBER 12, 1969 102
Present Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
:
York, N.Y., Steven J. Kumble, of New York, N.Y., and Neil Under-
berg, of New York, N. Y., on motion of Mr. Herbert F. Roth Leonard ;
Opinion
Oral Argument
No. 79. Sandra Adickes, petitioner, v. S. H. Kress and Company.
Argued by Mrs. Eleanor Jackson Piel for the petitioner and by Mr.
Sanford M. Litvack for the respondent.
390-278—69 23 ....
WEDNESDAY, NOVEMBER 12, 19 69
I
THURSDAY, NOVEMBER 13, 196 9 104
Present Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
:
Kansas City, Mo., Lewis Edward Pierce, of Kansas City, Mo., and
Gene E. Voigts, of Jefferson City, Mo., on motion of Mr. Clark M.
Clifford; Samuel W. Barr, of Detroit, Mich., on motion of Mr. Wilbur
D. Sparks; William MacFarland Culbertson, of Alexandria, Va., on
motion of Mr. George Nelson Heil, Jr. George W. Crowley, of Boston,
;
No. 64. Elmer E. Mills and Louis Susman, petitioners, v. The Elec-
tric Autolite Company et al. Argued by Mr. Arnold I. Shure for the
petitioners and by Mr. Albert E. Jenner, Jr., for the respondents.
No. 57. Bob Fred Ashe, petitioner, v. Harold R
Swenson, War-
den.Argued by Mr. Clark M. Clifford for the petitioner and by Mr.
Gene E. Voigts for the respondent.
No. 24. Joseph Waller, Jr., petitioner, v. Florida. Argued by Mr.
Leslie H. Levinson for the petitioner and by Mr. George Georgieff
for the respondent.
Present Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
:
Certiorari Granted
Certiorari Denied
nois denied.
No. 505. Jack W. Jernigan, petitioner, v. United States. Petition
for writ of certiorari to the United States Court of Appeals for the
Fifth Circuit denied.
No. 506. Baker Oil Tools, Inc., petitioner, v. Kiva Corporation.
Petition for writ of certiorari to the United States Court of Appeals
for the Fifth Circuit denied.
No. 507. Bay Sound Transportation Co., et al., petitioners, v.
United States. Petition for writ of certiorari to the United States
Court of Appeals for the Fifth Circuit denied.
MONDAY, NOVEMBER 17, 19 69 108
390-278—469 26
MONDAY, NOVEMBER 17. 19 69 111
tition for writ of certiorari to the United States Court of Appeals for
the District of Columbia Circuit denied.
Xo. 826, Misc. George Columbus Roland, petitioner, v. California.
Petition for writ of certiorari to the Court of Appeal of California,
Fifth Appellate District, denied.
Xo. 829, Misc. James Hoey Fear, petitioner, v. R. K. Johnson,
Warden, et al. Petition for writ of certiorari to the United States
Court of Appeals for the Third Circuit denied.
Xo. 832, Misc. Xazario Soto Lopez, petitioner, v. California. Peti-
tion for writ of certiorari to the Court of Appeal of California,
Second Appellate District, denied.
Xo. 833, Misc. John J. Barrett, petitioner, v. Daniel J. McMann,
Warden. Petition for writ of certiorari to the United States Court
of Appeals for the Second Circuit denied.
Xo. 834, Misc. John R. Carman, petitioner, v. New York. Petition
for writ of certiorari to the Appellate Division of the Supreme Court
of Xew York, Second Judicial Department, denied.
Xo. 835, Misc. Lee Roy Ortiz, petitioner, v. J. E. Baker, Warden.
Petition for writ of certiorari to the United States Court of Appeals
for the Tenth Circuit denied.
Xo. 836, Misc. Jack Frank Adams, petitioner, v. California. Peti-
tion for writ of certiorari to the Court of Appeal of California,
Second Appellate District, denied.
Xo. 839, Misc. Jack Ward, petitioner, v. California. Petition for
writ of certiorari to the United States Court of Appeals for the Ninth
Circuit denied.
Xo. 844, Misc. George Smith,Jr., and Johnny B. Rozier, Jr., pe-
titioners, United States. Petition for writ of certiorari to the United
v.
Eehearings Denied
No. 847, Misc., October Term, 1967. Peter D. Bogart, petitioner,
v. California. Motion for leave to file petition for rehearing denied.
The Chief J ustice took no part in the consideration or decision of this
motion.
No. 353, October Term, 1968. Elijah White Ratcliff, petitioner,
v.E. Ivan Bruce and Truman Blocker, Jr. Petition for rehearing from
denial of motion for reinstatement of petition for writ of certiorari
denied. The Chief Justice took no part in the consideration or decision
of this petition.
No. 948, Misc., October Term, 1968. Leonard F. Murray, peti-
tioner, v. John W. Macy, Jr., etc., et al. Motion for leave to file petition
for rehearing and for other relief denied. The Chief Justice took no
part in the consideration or decision of this motion.
No. 119. George Laris, petitioner, v. Pennsylvania;
No. 229. Vance A. Dobbins, Jr. and Jerry Calvin Smith, peti-
tioners, v. United States
No. 313. Donald Kalish, petitioner, v. United States:
No. 324. Susan Butler Shikara, appellant, v. Maryland Casualty
Company
No. 332. Gerard E. Berne, petitioner, v. Government of the Virgin
Islands
No. 93, Misc. William Heirens, petitioner, v. Frank J. Pate, War-
den;
No. 106, Misc. Jay Ed Miller, petitioner, v. LTnited States;
No. 166, Misc. James E. Bowles, petitioner, v. David N. Myers
et al.;
No. 176, Misc. Charles Patterson, petitioner, v. Louie L. Wain-
wright, Director, Florida Division of Corrections; and
No. 250, Misc. J. D. Booker, petitioner, v. United States. Petitions
for rehearing denied.
Recess Order
The Court will take a recess from Monday, November 24, 1969,
until Monday, December 8, 1969.
No. 524. Louis Carlos, petitioner, v. New York. The order entered
today granting petition for writ of certiorari is hereby revoked.
MONDAY, NOVEMBER 17, 1969 114
X
O
TUESDAY, NOVEMBER 18, 1969 116
Present Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
:
Oral Argument
X
390-278—69 27
WEDNESDAY, NOVEMBER 19, 19 69 117
Present Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
:
Oral Argument
390-278 —69 28
WEDNESDAY, NOVEMBER 19, 19 69 118
Margolis for the petitioner and by Mr. William Ruckelshaus for the
respondents.
Present Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
:
Oral Argument
and
No. 102. City of Chicago et al., appellants, v. United States et al.
X
MONDAY, NOVEMBER 24, 1'969 121
Present: Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
Douglas, Mr. Justice Harlan, Mr. Justice Brennan, Mr. Justice
Stewart, Mr. Justice White, and Mr. Justice Marshall.
390-278—69 30
MONDAY, NOVEMBER 2 4, 1<9 69 122
Certiorari Denied
390-278—69 31
MONDAY, NOVEMBER 2 4, 119 69 126
tion for writ of certiorari to the United States Court of Appeals for
the Seventh Circuit denied.
No. 659, Misc. Arthur McFadden, petitioner, v. Director of De-
partment of Public Safety, Springfield, Illinois. Petition for writ of
certiorari to the United States Court of Appeals for the Seventh
Circuit denied.
No. 681, Misc. Michael Nus, petitioner, v. Texas. Petition for writ
lof certiorari to the Court of Criminal Appeals of Texas denied.
No. 684, Misc. Dean J ones, a.k.a. Dean Alexander, petitioner, v.
Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio,
First Appellate District, denied.
No. 782, Misc. Frank Wolff, petitioner, v. Jay Foley. Petition for
tition for writ of certiorari to the United States Court of Appeals for
the Fifth Circuit denied.
No. 978, Misc. Albert Lonzo Cantrell, petitioner, v. United States.
Petition for writ of certiorari to the United States Court of Appeals
for the Eighth Circuit denied.
No. 979, Misc. Jose Manuel, petitioner, v. Isabel C. Manuel. Peti-
tion for writ of certiorari to the Court of Appeal of California, First
Appellate District, denied.
No. 984, Misc. Charles Bates, petitioner, v. New York. Petition
for writ of certiorari to the United States Court of Appeals for the
Second District denied.
MONDAY, NOVEMBER 2 4, 1969 129
No. 887, Misc. Jack Lee Park, petitioner, v. Louis S. Nelson, War-
den, et al.
Opinions
ment vacated and case remanded to the Supreme Court of Ohio for
such proceedings as that court may deem appropriate. Opinion per
curiam announced by Mr. Chief Justice Burger.
No. 39. Richard Hall et ux., appellants, v. Harriet Beals, Clerk and
and Recorder of El Paso County, et al. Appeal from the United States
District Court for the District of Colorado. Judgment vacated and
case remanded to the United States District Court for the District
of Colorado with directions to dismiss the cause as moot. Opinion per
curiam announced by Mr. Chief Justice Burger. Dissenting opinion
by Mr. Justice Brennan. Dissenting opinion by Mr. Justice Marshall
with whom Mr. Justice Brennan joins.
x
TUESDAY, NOVEMBER 25, 1969 132
Present Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
:
390- 278—69—32
MONDAY, DECEMBER 8, 19 69 133
Present Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
:
!
W. Jacobs, Jr., of Washington, D.C., on motion of Mr. Coolidge N.
McCants; Leonard Morse Trosten, of Washington, D.C., on motion
of Mr. William T. England; Eaymond Anthony DiLuglio, of Ja-
maica, N.Y., and Howard L. Kaplns, of Clifton, N.J., on motion of
Mr. Karl J. Uebel Martin G. Castillo, of Los Angeles, Calif., Howard
;
3
Opinions -^-w ;;
in No. 271.
County, Ohio. Appeal from the Supreme Court of Ohio. The motion
to dismiss is granted and the appeal is dismissed for want of a sub-
stantial federal question. Opinion per curiam. Mr. Justice Douglas
is of the opinion that probable jurisdiction should be noted.
No. 593. Louis Balthazar et ux., appellants, v. Mari Ltd., et al.
Appeal from the United States District Court for the Northern Dis-
trict of Illinois. The motions to affirm are granted and the judgment is
affirmed. Opinion per curiam. Mr. Justice Douglas is of the opinion
that probable jurisdiction should be noted.
390-278—69 34
MONDAY, DECEMBER 8, 19 69 138
Certiorari Granted
390-278—69 35
MONDAY, DECEMBER 8, 1969 142
of Appeals for the Fifth Circuit denied. Mr. Justice Marshall took
no part in the consideration or decision of this petition.
No. 569. The New Mexico State Game Commission, petitioner, v.
Walter J. Hickel, Secretary of Interior, et al. Petition for writ of
certiorari to the United States Court of Appeals for the Tenth
Circuit denied. Mr. Justice Douglas is of the opinion that certiorari
should be granted.
No. 585. Brotherhood of Locomotive Firemen and Enginemen
Seaboard Coast Line Eailroad Company et al.
et al., petitioners, v.
Petition for writ of certiorari to the United States Court of Appeals
for the Fifth Circuit denied. Mr. Justice Douglas is of the opinion
that certiorari should be granted.
No. 597. Frank Conroy, petitioner, v. Miami Beach, Flor-
City of
ida. Petition for writ of certiorari to the Supreme Court of Florida
denied. Mr. Justice Douglas is of the opinion that certiorari should
be granted.
No. 598. The Founding Church of Scientology of Washington,
D.C., etal., petitioners, v. United States. Petition for writ of certiorari
to the United States Court of Appeals for the Fifth Circuit denied.
No. 637, Misc. Wayne Fong, petitioner, v. United States. Petition
j
for writ of certiorari to the United States Court of Appeals for the
Ninth Circuit denied.
No. 661, Misc. Neal Simpson Webb, petitioner, v. Texas. Petition
for writ of certiorari to the Court of Criminal Appeals of Texas
denied.
No. 670, Misc. Thomas Darrell Camp, petitioner, v. United States.
Petition for writ of certiorari to the United States Court of Appeals
for the Fifth Circuit denied.
No. 675, Misc. Sammy Gene Kirk, petitioner, v. United States.
/Petition for writ of certiorari to the United States Court of Appeals
for the Sixth Circuit denied.
|
No. 676, Misc. Charles Martin Harris, petitioner, v. California.
Petition for writ of certiorari to the Court of Appeal of California,
Second Appellate District, denied.
No. 677, Misc. Robert Edward Cook, petitioner, v. United States.
Petition for writ of certiorari to the United States Court of Appeals
for the Third Circuit denied.
No. 682, Misc. Shariand Reeves Gaston, petitioner, v. Texas. Peti-
tion for writ of certiorari to the Court of Criminal Appeals of Texas
denied.
No. 683, Misc. William Terry Johnson, petitioner, v. Virginia.
Supreme Court of Appeals of
Petition for writ of certiorari to the
Virginia denied.
MONDAY, DECEMBER 8, 19 69 146
tition for writ of certiorari to the United States Court of Appeals for
the District of Columbia Circuit denied.
No. 820, Misc. John F. Lang, petitioner, v. Maryland. Petition for
writ of certiorari to the Court of Appeals of Maryland denied.
No. 842, Misc. Marion Stevenson, petitioner, v. Nelson A. Rocke-
feller,Governor, et al. Petition for writ of certiorari to the United
States Court of Appeals for the Second Circuit denied.
No. 845, Misc. Edward Allen, petitioner, v. J. Edwin LaVallee,
Warden. Petition for writ of certiorari to the United States Court of
Appeals for the Second Circuit denied.
No. 846, Misc. David James Rose, petitioner, v. United States.
Petition for writ of certiorari to the United States Court of Appeals
for the Sixth Circuit denied.
No. 849, Misc. Charles F. Bedford, petitioner, v. United States.
Petition for writ of certiorari to the United States Court of Appeals
for the Eighth Circuit denied.
No. 855, Misc. Nathaniel McGuirk, petitioner, v. Illinois. Petition
for writ of certiorari to the Appellate Court of Illinois, First District,
denied.
No. 864, Misc. Neal Earl Harlin, petitioner, v. Lou V. Brewer,
Warden. Petition for writ of certiorari to the Supreme Court of Iowa
denied.
No. 866, Misc. Charles Resseguie, petitioner, v. Harold W. Fol-
granted.
No. 517, Misc. Franklin Nial Castle, petitioner, v. United States. g*
Petition for writ of certiorari to the United States Court of Appeals
for the Ninth Circuit denied. Mr. Justice Douglas is of the opinion that q
certiorari should be granted. ?
No. 616, Misc. Richard John Migliore and Jacqueline Mingo, peti-
tioners, v. United States. Petition for writ of certiorari to the United a>
States Court of Appeals for the Fifth Circuit denied. Mr. Justice JJ
Douglas is of the opinion that certiorari should be granted.
No. 656, Misc. Alfred D. Arellanes, petitioner, v. United States.
g
Petition for writ, of certiorari to the United States Court of Appeals
for the Ninth Circuit denied. Mr. Justice Marshall took no part in the
consideration or decision of this petition.
No. 716, Misc. Herman E. Miller, petitioner, v. George J. Beto,
Director, Texas Department of Corrections. Petition for writ of cer-
tiorari to the United States Court of Appeals for the Fifth and for
other relief denied.
No. 797, Misc. Nancy J ewell Cross, petitioner, v. Municipal Court
of San Francisco et al. Petition for writ of certiorari to the United
States Court of Appeals for the Ninth Circuit and for other relief
denied.
MONDAY, DECEMBER 8, 19 69 150
No. 919, Misc. The New Mexico State Game Commission, peti-
United States Court of Appeals for the Tenth Circuit et al.
tioner, v.
Motion for leave to file petition for writ of mandamus denied. Mr.
J ustice Douglas is of the opinion that the motion should be granted.
Rehearings Denied
Recess Order
The Court will take a recess from Monday, December 15, 1969, until
Monday, January 12, 1970.
Oral Argument
x
TUESDAY, DECEMBER 9, 19 69 152
Present Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
:
Hugh G. Hart, Jr. Alice Daniel, of New York, N.Y., and Melvin S.
;
390-278—69 ,36
TUESDAY, DECEMBER 9, 19 69 153
Opinions
States District Court for the Northern District of Illinois for further
proceedings in conformity with the opinion of this Court. Opinion
by Mr. Justice Douglas.
No. 29. The Detroit and Toledo Shore Line Railroad Company,
United Transportation Union. On writ of certiorari to
petitioner, v.
the United States Court of Appeals for the Sixth Circuit. Judgment
i
affirmed. Opinion by Mr. Justice Black. Opinion by Mr. Justice
Harlan with whom Mr. Chief Justice Burger joins concurring in
part and dissenting in part.
No. 19. The First National Bank in Plant City, Plant City, Florida,
petitioner, v.Fred O. Dickinson, Jr., etc., et al. and ;
Oral Argument
x
WEDNESDAY, DECEMBER 10, 1969 155
Present: Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
Douglas, Mr. Justice Harlan, Mr. Justice Brennan, Mr. Justice
Stewart, Mr. Justice White, and Mr. Justice Marshall.
j
Demouth, of Chicago, 111., on motion of Mr. Augustus G. Douvas
William Marvin Cohen, of Fairfax, Va., on motion of Mr. George
!
Eichard Hyde Donald Peter Arvnavas, of Washington, D.C., and
;
I
Bartl Eoger M. Whelan, of Silver Spring, Md., on motion of Mr.
;
I
Eichard M. Mosk, of Los Angeles, Calif., Alvy P. Moore, of Glendale,
|
Calif.,James Maxwell Orendorff, of Los Angeles, Calif., James S.
I Place, of Los Angeles, Calif., Dwight Theodore Eandall, Jr., of Los
! Angeles, Calif., Eobert Michael Simpson, of Los Angeles, Calif.,
)
Daniel Zipser, of Los Angeles, Calif., and Marshall S. Zolla, of Los
Angeles, Calif., on motion of Mr. Donald D. Chapman, were admitted
to practice.
390-278—69 37
WEDNESDAY, DECEMBER 10, 1969 156
Oral Argument
x
SATURDAY, DECEMBER 13, 19 69 157
Present Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
:
390-278—69 38
MONDAY, DECEMBER 15, 19 69 158
Present: Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
Harlan, Mr. Justice Brennan, Mr. Justice Stewart, Mr. Justice White,
and Mr. Justice Marshall.
Opinions
O nj
^
"
P3
MONDAY, DECEMBER 15, 19 69 160
Certiorari Granted
tition for writ of certiorari to the United States Court of Appeals for
the Fifth Circuit granted and case placed on the summary calendar.
\ Th^ Chief Justice, Mr. Justice Stewart and Mr. Justice White would
deny motion for leave to file petition out of time.
Certiorari Denied
390-278—69 40
MONDAY, DECEMBER 15, 19 69 163
of Appeals for the Sixth Circuit denied. Mr. Justice Black and Mr.
,
Justice Douglas are of the opinion that certiorari should be granted.
No. 641. United Air Lines, Hilary D. Thomas,
Inc., petitioner, v.
i Court of
as Executrix, etc., et al. Petition for writ of certiorari to the
Appeals of New York denied. Mr. Justice Douglas is of the opinion
that certiorari should be granted.
No. 109, Misc. Lee Clyde Lambright, petitioner, v. Walter E.
Craven, Warden, et al. Petition for writ of certiorari to the United
States Court of Appeals for the Ninth Circuit denied.
No. 284, Misc. George F. Madkins, petitioner, William I. O'Neil
v.
I
et al. Petition for writ of certiorari to the Supreme Court of Wisconsin
denied.
No. 325, Misc. Donald Henderson, petitioner, v. California. Peti-
tion for writ of certiorari to the Court of Appeal of California, Third
Appellate District, denied.
No. 353, Misc. Richard Joseph Berg, petitioner, v. California.
Petition for writ of certiorari to the Appellate Department of the
Superior Court of California, County of Los Angeles, denied.
No. 367, Misc. Joseph Kagan, petitioner, v. Merle R. Schneckloth,
Superintendent. Petition for writ of certiorari to the LTnited States
Court of Appeals for the Ninth Circuit denied.
No. 438, Misc. Enoch Dickinson, petitioner, v. Eay D. Bridges,
Sheriff. Petition for writ of certiorari to the United States Court
of Appeals for the Fifth Circuit denied.
No. 446, Misc. Marvin E. Barnett, James McQueen, Kenneth
Crigler and Juan Franklin, petitioners, v. Arnold E. Pontesso, etc., et
al. Petition for writ of certiorari to the United States Court of Appeals
Rehearing Denied
X
FRIDAY, DECEMBER 19, I960 167
Present: Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
Douglas, Mr. Justice Harlan, Mr. Justice Brennan, Mr. Justice Stew-
art, Mr. Justice White, and Mr. Justice Marshall.
390-278—69 41
MONDAY, JANUARY 12, 1970 168
Present Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
:
Douglas, Mr. Justice Harlan, Mr. Justice Brennan, Mr. Justice Stew-
art, Mr. Justice White, and Mr. Justice Marshall.
;
Peter Lucian Constantino, of Waterbury, Conn., and F. Patrick
Zailikas, of Waterbury, Conn., on motion of Mr. Vincent J. Fuller;
and Gwendolyn B. Crockett, of Baton Rouge, La., and Doris Falken-
heiner, of Baton Rouge, La., on motion of Miss Lillian C. McLaurin,
were admitted to practice.
390-278—70 42
i
MONDAY, JANUARY 12, 197 0 169
No. 100. New York, appellant, v. United States et al. Appeal from
the United States District Court for the Northern District of New
York and ;
|
of Civil Appeals of Texas, Fifth Supreme Judicial District. The mo-
tion to dismiss is granted and the appeal is dismissed for want of juris-
diction. Treating the papers whereon the appeal was taken as a peti-
tion for writ of certiorari, certiorari is denied. Opinion per curiam.
MONDAY, JANUARY 12, 19 70 170
Certiorari Granted
390-278—70 13
MONDAY, JANUARY 12, 1970 173
Xo. 690. James Talcott, Inc., petitioner, v. Ivor B. Clark Co., Inc.,
et al. Petition for writ of certiorari to the Lmited States Court of
Appeals for the Second Circuit denied.
Xo. 691. Earl S. Baird, petitioner, v. Lmited States, Petition for
writ of certiorari to the United States Court of Appeals for the Sec-
ond Circuit denied.
Xo. 695. Ana Sirbu and Elena Sirbu Maniu, petitioners, v. Jennie
Sirbu. Petition for writ of certiorari to the Supreme Court of Ohio
denied.
Xo. 697. Eleanor G. Morton et al., partners t/a Pennbrook Milk
Company, petitioners, v. National Dairy Products Corporation. Peti-
tion for writ of certiorari to the United States Court of Appeals for
the Third Circuit denied.
No. 698. John J. Scott et al., petitioners, v. United States. Petition
for writ of certiorari to the United States Court of Appeals for the
Seventh Circuit denied.
MONDAY, JANUARY 12, 19 70 175
390-278—70 44
MONDAY, JANUARY 12, 1970 177
for writ of certiorari to the United States Court of Appeals for the
Seventh Circuit denied.
No. 1057, Misc. James Raymond Neal, petitioner, v. United States.
Petition for writ of certiorari to the United States Court of Appeals
for the Ninth Circuit denied.
No. 1058, Misc. Steve Czako, petitioner, v. James F. Maroney,
Superintendent. Petition for writ of certiorari to the United States
Court of Appeals for the Third Circuit denied.
No. 1065, Misc. Richard Holland, petitioner, v. Ira M. Coiner,
Warden. Petition for writ of certiorari to the Supreme Court of
Appeals of West Virginia denied.
MONDAY, JANUARY 12, 1970 183
tion for writ of certiorari to theUnited States Court of Appeals for the
Second Circuit. Mr. Justice Douglas is of the opinion that certiorari
!
should be granted.
No. 27, Misc. Kevin McLean, petitioner,
v. United States. Petition
United States Court of Appeals for the
for writ of certiorari to the
Second Circuit denied. Mr. Justice Douglas is of the opinion that
certiorari should be granted.
No. 49, Misc. Frank Andrews, petitioner, v. United States. Peti-
J.
United States Court of Appeals for
tion for writ of certiorari to the
:
the Sixth Circuit denied, Mr. Justice Douglas is of the opinion that
certiorari should be granted.
I
the United States Court of Appeals for the Tenth Circuit denied.
Mr. Justice Douglas is of the opinion that certiorari should be granted.
MONDAY, JANUARY 12, 19 70 187
Retiearings Denied
Oral Argument
X
TUESDAY, JANUARY 13, 197 0 190
Present Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
:
Opinion
No. 185. Augie Reetz, Commissioner of Fish and Game for Alaska,
et al., appellants, v. John Bozanich et al. Argued by Mr. Charles K.
Cranston for the appellants and by Mr. Robert Boochever for the
appellees.
390-278—70 45
TUESDAY, JANUARY 13, 1970 191
The day call from Wednesday, January 14, 1970, will be as follows
Nos. 300, 395, 88, and 441.
x
WEDNESDAY, JANUARY 14, 1970 192
Present :Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
Douglas, Mr. Justice Harlan, Mr. Justice Brennan, Mr. Justice Stew-
vrt, Mr. Justice White, and Mr. Justice Marshall.
390-278—70 46
WEDNESDAY, JANUARY 14, 19 70 193
Certiorari Denied
X
THURSDAY, JANUARY 15, 1970 194
Present Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
:
Oral Argument
No. 108. The Colonnade Catering Corp., petitioner, v. United
States.Argued by Mr. O. John Rogge for the petitioner and by
Mr. Jerome Feit for the respondent.
No. 230. H. K. Porter Company, Inc., etc., petitioner, v. National
Labor Relations Board et al. One and one half hours allowed for
oral argument. Argued by Mr. Donald C. Winson for the petitioner,
by Mr. Lawrence M. Cohen for the Chamber of Commerce of the
United States, as amicus curiae, by Mr. Norton J. Come for respondent
National Labor Relations Board and by Mr. George H. Cohen for
respondent United States Steelworkers of America, AFL-CIO, by
special leave of Court.
X
390-278—70 47
FRIDAY, JANUARY 16, 19 70 195
Present :Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
Jouglas, Mr. Justice Harlan, Mr. Justice Brennan, Mr. Justice
tewart, Mr. Justice White, and Mr. Justice Marshall.
ustice Brennan and by him referred to the Court, is denied. Mr. Jus-
ce Black, Mr. Justice Douglas, and Mr. J ustice Stewart are of the
390-278—70 4S
MONDAY, JANUARY 19, 197 0 196
Present: Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
Douglas, Mr. Justice Harlan, Mr. Justice Brennan, Mr. Justice
Stewart, Mr. Justice White, and Mr. Justice Marshall.
tick, of Macon, Ga., on motion of Mr. John James Flynt, Jr. Louis
;
motion of Mr. Arthur John Keeffe; and Peter Kent Spriggs, of Ox-
ford, Miss., on motion of Mr. Joseph Forer, were admitted to practice.
Opinion
390-278—70 49
MONDAY, JANUARY 19, 197 0 197
Mr. Justice Harlan with whom Mr. Justice Brennan joins. Mr. Justice
Douglas is of the opinion that probable jurisdiction should be noted.
No. 663. Camillo Molinaro, appellant, v. New Jersey. Appeal from
the Supreme Court of New Jersey. The appeal is dismissed. Opinion
per curiam. Mr. Justice Douglas concurs in the result.
No. 770. Julius S. Moskowitz, appellant, v. James M. Power et al.
Appeal from the Court of Appeals of New York. The motion to dis-
miss is granted and the appeal is dismissed for want of a substantial
federal question. Opinion per curiam.
curiam.
Orders in Pending Cases
No. 399. Daniel Rowan, dba American Book Service, et al., ap-
pellants, v. United States Post Office Department et al. The motion
of The Direct Mail Advertising Association, Inc., for leave to par-
ticipate in oral argument, as amicus curiae, is denied.
Certiorari Denied
390-278—70 50
MONDAY, JANUARY 19, 1970 201
ington denied.
No. 729, Misc. Stephen Luther Evans, petitioner, v. United States.
Petition for writ of certiorari to the United States Court of Appeals
for the Third Circuit denied.
No. 749, Misc. Louis Brow, Jr., petitioner, v. Michigan. Petition
for writ of certiorari to the Supreme Court of Michigan denied.
No. 828, Misc. James William Gibbs, petitioner, v. Bob Turner
et al. Petition for writ of certiorari to the Court of Criminal Appeals
of Oklahoma denied.
No. 925, Misc. Allen Bell, Jr., petitioner, v. North Carolina. Pe-
tition for writ of certiorari to the United States Court of Appeals for
the Fourth Circuit denied.
No. 926, Misc. Henry Campbell, petitioner, v. United States. Pe-
tition forwrit of certiorari to the United States Court of Appeals for
the Sixth Circuit denied.
No. 928, Misc. Ronald Lee Smith, petitioner, v. Georgia. Petition
Supreme Court of Georgia denied.
for writ of certiorari to the
No. 699, Misc. Roy Ross, Jr., petitioner, v. Gus Harrison, Director,
Michigan Corrections and Prisons, et al. Motions for leave to file peti-
tions for writs of mandamus denied.
Rehearings Denied
No. 19. The First National Bank in Plant City, Plant City, Florida,
Fred O. Dickinson, Jr., etc., et al.
petitioner, v.
No. 612. Claresa F. Armstrong Brown, petitioner, v. Commercial
National Bank of Peoria, as Trustee, et al.
No. 505, Misc. Jon Carlton and Ann Carlton, petitioners, v, Rich-
ard E. Gerstein, State's Attorney
No. 569, Misc. In the Matter of Robert Edward Lipscomb, peti-
tioner ;
Recess Order
The Court will take a recess from Monday, January 26, 1970, until
Tuesday, February 24, 1970.
Oral Argument
X
TUESDAY, JANUARY 20, 1970 207
Present :Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
Douglas, Mr. J ustice Harlan, Mr. Justice Brennan, Mr. Justice Stew-
irt, Mr. Justice White, and Mr. Justice Marshall.
and 4 and case remanded to the United States Court of Appeals for
be Third Circuit for further proceedings in conformity with the
pinion of this Court. Opinion by Mr. Justice White. Concurring
pinion by Mr. Justice Marshall. Dissenting opinion by Mr. Justice
Hack with whom Mr. Justice Douglas joins.
No. 64. Elmer E. Mills and Louis Susman, petitioners, v. The
Electric Autolite Company et al. On writ of certiorari to the United
ItatesCourt of Appeals for the Seventh Circuit. Judgment vacated
nd case remanded to the Court of Appeals for further proceedings in
onformity with the opinion of this Court. Opinion by Mr. Justice
larlan. Opinion by Mr. Justice Black concurring in part and dis-
puting in part.
390-278—70 51
TUESDAY, JANUARY 2 0, 19 70 208
Oral Argument
x
WEDNESDAY, JANUARY 21, 1970 209
Present: Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
Douglas, Mr. Justice Harlan, Mr. Justice Brennan, Mr. Justice Stew-
art. Mr. Justice White, and Mr. Justice Marshall.
Oral Argument
390-278—70 52
El
WEDNESDAY, JANUARY 21, 1970 210
Present Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
:
Douglas, Mr. Justice Harlan, Mr. Justice Brennan, Mr. Justice Stew-
art, Mr. Justice White, and Mr. Justice Marshall.
Oral Argument
No. 399. Daniel Rowan, dba American Book Service, et al., appel-
United States Post Office Department et al. Argued by Mr.
lants, v.
Joseph Taback for the appellants and by Mr. William D. Ruckelshaus
for the appellees.
The Court took a recess at eleven thirty for the purpose of attending
a joint session of Congress of the United States to hear the Presi-
dent's address on the State of the Union and reconvened at 2 o'clock.
390-278—70 5.3
THURSDAY, JANUARY 22, 1970 212
X
MONDAY, JANUARY 2 6, 19 70 213
Present: Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
)ouglas, Mr. Justice Harlan, Mr. Justice Brennan, Mr. Justice
Stewart, Mr. Justice White, and Mr. Justice Marshall.
J. Bonf anti, Sr., of New Orleans, La., Mary Lou Bosiljevac, of Omaha,
390-278—70 >54
MONDAY, JANUARY 2 6^ 19 70 214
Opinions
reversed and case remanded to the Court of Appeals for further pro-
ceedings in conformity with the opinion of this Court. Opinion by Mr.
Justice Black. Concurring opinion by Mr. Justice Harlan. Concurring
)pinion by Mr. Justice Brennan. Opinion by Mr. Justice Stewart with
svhom Mr. Chief Justice Burger joins concurring in part.
"Today's orders of the Court have been certified by the Chief Justice,
iled with the Clerk, and will not be announced orally."
within the time prescribed by Rule 13. Opinion per curiam. Dissenting
opinion by Mr. Justice Black with whom Mr. Justice Douglas joins.
cation for bail presented to Mr. Justice Douglas, and by him referred
to the Court, is denied.
No. —
Arsenio Augusto Araya-Murchio, petitioner, v. United
.
D.C., a member of the Bar of this Court, be, and he is hereby, ap-
pointed to serve as counsel for the respondent in this case.
No. 445. Standard Industries, Inc., petitioner, v. Tigrett Industries,
The motion of respondents to remove this case from the
Inc., et al.
summary calendar is denied.
No. 944. Robert Carter et al., petitioners, v. West Feliciana Parish
School Board et and al. ;
Certiorari Denied
Recess Order
X
TUESDAY, JANUARY 27, 19 70 217
Present Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
:
390-278—70 55
WEDNESDAY, JANUARY 2 8, 19 70 218
Present Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
:
390-278—70 56
MONDAY, FEBRUARY 2, 1970 219
Present: Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
Douglas, Mr. Justice Brennan, Mr. Justice Stewart, Mr. Justice
White, and Mr. Justice Marshall.
No. 42. Howard Ross and Bernard Ross, as Trustees for Lena
Rosenbaum, petitioners, v. Robert A. Bernhard et al. On writ of cer-
tiorari to the United States Court of Appeals for the Second Circuit.
Judgment reversed and case remanded to the Court of Appeals for
further proceedings in conformity with the opinion of this Court.
Opinion by Mr. Justice White. Dissenting opinion by Mr. Justice
Stewart with whom Mr. Chief Justice Burger and Mr. Justice Harlan
join.
390-27S— 70 57
MONDAY, FEBRUARY 2, 1970 220
No. 915. The New York, New Haven and Hartford Railroad Com-
pany First Mortgage 4% Bondholders Committee, appellant, v.
United States et al.
;
No. 914. The New York, New Haven and Hartford Railroad Com-
pany First Mortgage 4% Bondholders Committee, Petitioner, v.
Richard Joyce Smith, etc., et al.
No. 916. Manufacturers Hanover Trust Company, etc., petitioner,
v. United States et al. ;
No. 1057. United States et al., petitioners, v. The New York, New
Haven and Hartford Railroad Company First Mortgage 4% Bond-
holders Committee et al. Motion to expedite granted. In Nos. 915,
917, and 921 probable jurisdiction noted. In Nos. 914, 916, 920,
1038, and 1057, petitions for writs of certiorari to the United States
Court of Appeals for the Second Circuit granted. Cases consolidated
and a total of three hours allotted for oral argument. The bond-
holders and the New Haven trustee shall file their main briefs by
February 26, 1970, and the briefs of Penn Central, the United States,
the Interstate Commerce Commission, and the States of Connecticut
and New York shall be filed by March 18, 1970. Mr. Justice Marshall
took no part in the consideration or decision of these matters.
Certiorari Denied
certiorari to the United States Court of Appeals for the Fifth Circuit
denied.
No. 818. Hawaiian Oke and Liquors, Ltd, petitioner, v. Joseph E.
Seagram and Sons, Inc., et al. Petition for writ of certiorari to the
United States Court of Appeals for the Ninth Circuit denied. Mr.
Justice Black, Mr. Justice Douglas, and Mr. Justice White are of the
opinion that certiorari should be granted.
No. 820. The New York State Broadcasters Association, Inc., et al.,
United States et al. Petition for writ of certiorari to the
petitioners, v.
United States Court of Appeals for the Second Circuit denied. Mr.
Justice Black and Mr. Justice Douglas are of the opinion that cer-
tiorari should be granted.
Rehearings Denied
stay of thejudgment of the United States District Court for the South-
! ern District of Indiana presented to Mr. Justice Marshall, and by
him referred to the Court, is granted pending the timely filing and
disposition of an appeal.
No. 1136. Deborah A. Northcross et al., petitioners, v. Board of
Education of the Memphis, Tennessee, City Schools, et al. The motion
to advance is granted and the brief or briefs opposing the petition for
writ of certiorari shall be filed on or before February 16, 1970.
MONDAY, FEBRUARY 2, 19 70 225
Certiorari Granted
Present Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
:
390-278—70 58
FRIDAY, FEBRUARY 6, 19 70 227
Present : Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
Douglas, Mr. Justice Harlan, Mr. Justice Brennan, Mr. Justice
Stewart, Mr. Justice White, and Mr. Justice Marshall.
390-278—70 59
FRIDAY, FEBRUARY 6, 19 70 228
x
TUESDAY, FEBRUARY 10, 1970 229
Present Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
:
390-278—70 60
TUESDAY, FEBRUARY 24, 1970 230
admitted to practice.
Opinions
Justice Burger. Mr. Justice Black, for the reasons set out in the opinion
tnd others stated in his dissent in Tinker et al. v. Des Moines Inde-
pendent Community /School District et al., 393 U.S. 503, 515-526, would
iffirm the judgment below. Dissenting opinion by Mr. Justice Douglas
vacated, and case remanded to the Court of Appeals for further con-
sideration in light of Turner v. United States, 396 U.S. 398. Opinion
per curiam.
ment vacated and case remanded to the Court of Appeals for further
consideration in light of Guthnecht v. United States, 396 U.S. 295.
Opinion per curiam.
TUESDAY, FEBRUARY 24, 1970 233
Mr. Justice Douglas and Mr. Justice White are of the opinion that
probable jurisdiction should be noted and the case set for oral
argument.
granted and the judgments are affirmed. Opinion per curiam. The
Chief Justice, Mr. Justice Black, and Mr. Justice Harlan are of the
opinion that probable jurisdiction should be noted and the cases set
for oral argument.
.
TUESDAY, FEBRUARY 2 4, D970 234
States District Court for the Northern District of Illinois for further
consideration in light of Buie v. United States, 396 U.S. 87. Opinion
per curiam.
No. 982. Robert W. Turner et al., appellants, v. Cecil D. Clay et al.
Appeal from the Supreme Court of South Carolina. The motions to
dismiss are granted and the appeal is dismissed for want of a sub-
stantial federal question. Opinion per curiam.
lodziejski. Appeal from the United States District Court for the
District of Arizona. In this case probable jurisdiction noted and case
placed on the summary calendar.
TUESDAY, FEBRUARY 2 4, 19 70 236
Certiorari Granted
or the Third Circuit granted and case placed on the summary cal-
ndar.
No. 570. Burns and Roe, Inc., et al., petitioners, v. Local 825, In-
ernational Union of Operating Engineers, AFLr-CIO. Petitions for
mts of certiorari to the United States Court of Appeals for the Third
Circuit granted. Cases consolidated and a total of one
and one half
ours allotted for oral argument.
Certiorari Denied
No. 95. Peter D. Schweitzer et al., petitioners, v. Clerk for the City
of Plymouth et al. Petition for writ of certiorari to the Supreme
Court of Michigan denied.
No. 235. Ricardo Perez Goitia, petitioner, v. United States. Peti-
tion for writ of certiorari to the United States Court of Appeals for
the First Circuit denied.
I
the United States Court of Appeals for the Fourth Circuit denied.
No. 865. Hun Chak Sun, aka Jack Sun, petitioner, v. Immigration
and Naturalization Service. Petition for writ of certiorari to the
United States Court of Appeals for the Ninth Circuit denied.
No. 867. Theodore E. Mowen, petitioner, v. Illinois. Petition for
writ of certiorari to the Appellate Court of Illinois, First District,
denied.
No. 868. Connell Eice & Sugar Co., Inc., petitioner, v. Houston
Belt & Terminal Eailway Company. Petition for writ of certiorari
to the United States Court of Appeals for the Fifth Circuit denied.
No. 869. Felix Walls, petitioner, v. United States. Petition for
writ of certiorari to the United States Court of Appeals for the Sixth
Circuit denied.
No. 871. Norman F. Dacey, petitioner, v. The Florida Bar, Inc.,
et al. Petition for writ of certiorari to the United States Court of
Appeals for the Fifth Circuit denied.
No. 872. Quality Chevrolet Company, Inc., petitioner, v. Commis-
sioner of Internal Eevenue, Petition for writ of certiorari to the
United States Court of Appeals for the Tenth Circuit denied.
No. 875. Johnny B. Dapper, petitioner, v. California. Petition for
writ of certiorari to the Supreme Court of California denied.
No. 876. James Campione, petitioner, v. United States. Petition
for writ of certiorari to the United States Court of Appeals for the
Seventh Circuit denied.
No. 877. Tampa Phosphate Eailroad Company, petitioner, v. Sea-
board Coast Line Eailroad Company. Petition for writ of certiorari
to the United States Court of Appeals for the Fifth Circuit denied.
No. 878. Joe M. Crevasse, Jr., Sheriff of Alachua County, Florida,
petitioner, v. Carol W. Thomas. Petition for writ of certiorari to the
United States Court of Appeals for the Fifth Circuit denied.
No. 883. Harry J. Coman, petitioner, v. Chief Counsel of the Ju-
dicialInquiry on Professional Conduct, Nassau County. Petition for
writ of certiorari to the Appellate Division of the Supreme Court of
New York, Second Judicial Department, denied.
No. 884. Philip Berrigan United States. Pe-
et al., petitioners, v.
tition for writ of certiorari to the United States Court of Appeals
for the Fourth Circuit denied.
No. 885. Mary Moylan United States. Peti-
et al., petitioners, v.
tion for writ of certiorari to the United States Court of Appeals for
the Fourth Circuit denied.
390-278-^70—-— 63
TUESDAY, FEBRUARY 2 4, 1970 239
No. 913. Earl Missler, petitioner, v. United States. Petition for writ
f certiorari to the United States Court of Appeals for the Fourth
ircuit denied.
No. 996. PSG Co. et al., petitioners, v. Merrill Lynch, Pierce, Fen-
ir & Smith, Inc. Petition for writ of certiorari to the United States
ourt of Appeals for the Ninth Circuit denied.
No. 1000. Noble Drilling Corporation et al., petitioners, v. Versie
imble. Petition for writ of certiorari to the United States Court of
ppeals for the Fifth Circuit denied.
No. 1004. A. C. Suhren et al., petitioners, v. United States. Petition
>r writ of certiorari to the United States Court of Appeals for the
ifth Circuit denied.
No. 1005. Zayre of Georgia, Inc., et al., petitioners, v. City of
Marietta el al. Petition for writ of certiorari to the United States
ourt of Appeals for the Fifth Circuit denied.
No. 1007. Marvin J. Morse, petitioner, v. D. A. Hindman et al.
etition for writ of certiorari to the United States Court of Appeals
>r the Tenth Circuit denied.
No. 1013. James C. Winston, petitioner, v. Prudential Lines, Inc.
etition for writ of certiorari to the L^nited States Court of Appeals
>r the Second Circuit denied.
No. 1014. Owen B. Lampman et al., petitioners, v. United States
istrictCourt for the Central District of California et al. Petition
>r writ of certiorari to the United States Court of Appeals for the
inth Circuit denied.
denied.
Xo. 1065. Allen Levair Jordan and Alvina Lajan Johnson, peti-
tioners, v. United States. Petition for writ of certiorari to the United
States Court of Appeals for the Ninth Circuit denied.
Xo. 96. Joe A. Trujillo, petitioner, v. United States. Motion to dis-
pense with printing petition granted. Petition for writ of certiorari
to the United States Court of Appeals for the Ninth
Circuit denied.
Mr. Justice Black and Mr. Justice Harlan would grant the petition
of certiorari,vacate the judgment of the Court of Appeals and re-
mand to that court for further consideration in light of Leary v.
United States, 395 U.S. 6 (1969). See Street v. New York, 394
U.S.
576, 586 (1969) ;
Stromberg v. California, 283 U.S. 359 (1931).
Xo. 573. J ames A. Watts and Walter B. Blue, petitioners, v. Seward
School Board et al. Motion to dispense with printing the petition and
to use record in No. 325, Oct. Term, 1967, granted. Petition
for writ
of certiorari to the Supreme Court of Alaska denied. Mr.
Justice
Douglas is of the opinion that certiorari should be granted.
No. 694.
Carmine Panico and Carlie DiPietro, petitioners, v. United
States.Petition for writ of certiorari to the United States Court
of
Appeals for the Second Circuit denied. Mr. Justice
Marshall took no
part in the consideration of decision of
this petition.
TUESDAY, FEBRUARY 2 4, 1970 244
Rehearings Denied
No. 1476, Misc. October Term, 1967. Angel Mora Zaragoza, peti-
tioner, v. United States. Petition for rehearing denied. The Chief
Justice took no part in the consideration or decision of this petition.
No. 224, Misc. October Term, 1968. Frank Sturm, petitioner, v.
California Adult Authority Motion for leave to file second
et al.
oetition for rehearing denied. The Chief Justice took no part in the
consideration or decision of this motion.
Oral Argument
espondent.
X
WEDNESDAY, FEBRUARY 25, 197 0 250
Opinions
No. 108. The Colonnade Catering Corp., petitioner, v. United
States. On
writ of certiorari to the United States Court of Appeals
for the Second Circuit. Judgment reversed and case remanded to the
Court of Appeals for further proceedings in conformity with the
opinion of this Court. Opinion by Mr. Justice Douglas. Dissenting
opinion by Mr. Chief Justice Burger with whom Mr. Justice Black
and Mr. Justice Stewart join. Dissenting opinion by Mr. Justice Black
with whom Mr. Chief Justice Burger and Mr. Justice Stewart join.
390-278— 70 64
WEDNESDAY, FEBRUARY 2 5, 197 0 251
No. 185. Augie Reetz, Commissioner of Fish and Game for Alaska,
et al., appellants, v. John Bozanich Appeal from the United
et al.
States District for the District of Alaska. Judgment vacated and case
remanded to the United States District Court for the District of
Alaska for further proceedings in conformity with the opinion of
this Court. Opinion by Mr. Justice Douglas.
No. 37. Delia Hadley et al., appellants, v. The Junior College Dis-
trictof Metropolitan Kansas City, Missouri, et al. Appeal from the
Supreme Court of Missouri. Judgment reversed and case remanded
to the Supreme Court of Missouri for further proceedings not incon-
sistentwith the opinion of this Court. Opinion by Mr. Justice Black.
Dissenting opinion by Mr. Justice Harlan with Mr. Chief Chief Jus-
tice Burger and Mr. Justice Stewart join. Dissenting opinion by Mr.
and the Report of the Special Master adopted. Hon. Gunnar H. Nord-
bye is appointed Commissioner in this case with power to engage and
supervise a competent surveyor, or surveyors, to survey the boundary
line as recommended in the Master's Report. Opinion per curiam an-
nounced by Mr. Chief Justice Burger. Decree entered.
Oral Argument
No. 413. Greenbelt Cooperative Publishing Association, Inc., et al.,
petitioners, v.Charles S. Bresler. Argument continued by Mr. Abra-
ham Chasanow for the respondent and concluded by Mr. Roger A.
Clark for the petitioners.
No. 403. United States, petitioner, v. Gerritt Johannes Van
Leeuwen. Argued by Mr. Solicitor General Griswold for the petitioner
and by Mr. Craig G. Davis for the respondent.
No. 369. American Farm Lines, appellant, r. Black Ball Freight
Service et al. ; and
No. 382. Interstate Commerce Commission, appellant, v. Black
Ball Freight Service et al. One hour and forty minutes allowed for
oral argument. Argued by Mr. Joseph A. Califano, Jr., for appellant
American Farm Lines, by Mr. Arthur J. Cerra for appellants Inter-
state Commerce Commission and the United States and by Mr. Wil-
liam H. Dempsey, Jr., for the appellees.
x
THURSDAY, FEBRUARY 26, 19 70 252
Present Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
:
390-278—70 65
THURSDAY, FEBRUARY 26, X970 253
St. Louis, Mo., and John P. Ossenfort, of St. Louis, Mo., on motion
of Mr. John B. Busch; William B. Irvin, of Los Angeles, Calif., on
motion of Mr. Gerard D. Reilly; Rollin Khoury, of Waco, Tex., on
motion of Mr. John F. O'Neill George Maywood Scott, of Spencer,
;
Oral Argument
x
FRIDAY, FEBRUARY 27, 1970 254
390-278—70 60
FRIDAY, FEBRUARY 2 7, 19 70 255
Certiorari Granted
Certiorari Denied
390-278—70 67
FRIDAY, FEBRUARY 27, 19 70 259
390-278—70 68
FRIDAY, FEBRUARY 2 7, 1970 263
No. 290, Misc. Richard Keith Chance and Gary Dell Banta, peti-
United States District Court for the District of Arizona,
tioners, v.
et al.;
Rehearings Denied
x
MONDAY, MARCH 2, 1970 271
Present Mr. Chief Justice Burger, Mr. J ustice Black, Mr. J ustice
:
Opinions
No. 301. Loren J. Pike, etc., appellant, v. Bruce Church, Inc. Ap-
peal from the United States District Court for the District of Arizona.
J udgment affirmed. Opinion by Mr. Justice Stewart.
No. 230. H. K. Porter Company, Inc., etc., petitioner, v. National
Labor Relations Board et al. On writ of certiorari to the United
States Court of Appeals for the District of Columbia Circuit. Judg-
ment reversed and case remanded to the Court of Appeals for further
proceedings in conformity with the opinion of this Court. Opinion
by Mr. Justice Black. Concurring opinion by Mr. Justice Harlan.
390-278—70 69
MONDAY, MARCH 2, 19 70 272
from the United States District Court for the Central District of Cali-
fornia. In this case probable jurisdiction noted and case placed on the
summary calendar.
No. 782. Phillip Morris et al., appellants, v. Hiram Schoonfield,
Warden, et al. Appeal from the United States District Court for the
District of Maryland. In this case probable jurisdiction is noted. Case
placed on the summary calendar and set for oral argument immedi-
ately following No. 1089.
No. 812. United States et al., appellants, v. The Book Bin. Appeal
|
from the United States District Court for the Northern District of
|
Georgia. In this case probable jurisdiction noted. Case placed on the
'
Certiorari Denied
Street v. New York, 394 U.S. 576, 586 (1969) Stromberg v. California,
;
390-278—70 70
MONDAY, MARCH 2, 19 70 276
tion for writ of certiorari to the United States Court of Appeals for
the Tenth Circuit denied.
No. 1488, Misc. Bert Daniel Stark, petitioner, v. United States.
Petition for writ of certiorari to the United States Court of Appeals
for the Ninth Circuit denied.
No. 1491, Misc. Henry P. Bryant, petitioner, v. Harold W. Follette,
Warden. Petition for writ of certiorari to the United States Court
of Appeals for the Second Circuit denied.
No. 1285, Misc. Vincent Joseph O'Connor, petitioner, v. United
United States Court of
States. Petition for writ of certiorari to the
Appeals for the Ninth Circuit. Mr. Justice Douglas is of the opinion
that certiorari should be granted.
No. 1330, Misc. Fred Harris Brooks, petitioner, v. United States.
Petition for writ of certiorari to the United States Court of Appeals
for the Sixth Circuit denied. Mr. Justice Douglas is of the opinion that
certiorari should be granted.
Rehearings Denied
The Court will take a recess from Monday, March 9, 1970, until
Monday, March 23, 1970.
Oral Argument
X
TUESDAY, MARCH 3, 1970 280
Present Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
:
390-278—70 71
TUESDAY, MARCH 3, 19 70 281
Oral Argument
X
WEDNESDAY, MARCH 4, 1970 282
Present Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
:
390-278—70 72
THURSDAY, MARCH 5, 19 70 283
Present: Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
Douglas, Mr. Justice Harlan, Mr. Justice Brennan, Mr. Justice
Stewart, Mr. Justice White, and Mr. Justice Marshall.
Oral Argument
390-278 —70 73
THURSDAY, MARCH 5, 19 70 284
X
MONDAY, MARCH 9, 1970 285
Present Mr. Justice Black, Mr. Justice Douglas, Mr. Justice Harlan,
:
Mr. Justice Brennan, Mr. Justice Stewart, Mr. Justice White, and Mr.
Justice Marshall.
motion of Mr. Hiram L. Fong Finis E. St. J ohn, Jr., of Cullman, Ala.,
;
B. Henry, Jr., of New York, N.Y., and John Nielsen, of Port Chester,
N.Y., on motion of Mr. C. Frank Eeifsnyder; George Poindexter
Hewes, III, of Jackson, Miss., on motion of Mrs. Elizabeth S. Denny;
C. Lacey Compton, Jr., of Woodbridge, Va., on motion of Mr. John
K. Meagher; David E. Gebhart, of Cincinnati, Ohio, and Abraham
D. Goldberg, of Cincinnati, Ohio, on motion of Mr. Eobert Stephen
Chamblee; James F. Shumate, Jr., of Falls Church, Va., on motion
of Mr. George L. J. Dalf eres Frank Dawson Hall, of Miami, Fla., on
;
York, N. Y., on motion of Mr. Donald Cef aratti, Jr. Charles Patrick
;
390-278—70 74
MONDAY, MARCH 9, 19 70 286
Opinions
Certiorari Denied
No. 1285, October Term, 1968. Detroit Vital Foods, Inc., peti-
tioner, v. United States and
;
v. Holmes Comity Board, and the case remanded to the United States
District Court for the Western District of Tennessee for that purpose.
The order of the Court of Appeals of January 12, 1970, denying in-
junctive relief is affirmed. The motion for injunction pending cer-
tiorari in this Court is denied. The judgment shall issue forthwith.
Opinion per curiam. Opinion by Mr. Chief Justice Burger concurring
in the result. Mr. Justice Marshall took no part in the consideration
or decision of this case.
Present Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
:
Douglas, Mr. Justice Harlan, Mr. Justice Brennan, Mr. Justice Stew-
art, Mr. Justice White, and Mr. Justice Marshall.
per curiam.
No. 1090. Arnold Paul Tryon, appellant, Iowa. Appeal from
I
the Supreme Court of Iowa. The motion to dismiss is granted and the
appeal is dismissed for want of jurisdiction. Treating the papers
whereon the appeal was taken as a petition for writ of certiorari, cer-
tiorari is denied. Opinion per curiam.
and
390-278—70 75
I
MONDAY, MARCH 16;, 1#70 293
to the United States Court of Appeals for the Ninth Circuit. Motion
for leave to proceed in forma pauperis and petition for writ of cer-
tiorari granted. Judgment vacated and case remanded to Court of
Appeals for further consideration in conformity with the opinion of
this Court. Opinion per curiam.
Certiorari Granted
Assignment Order
J
on the minutes of this Court, pursuant to 28 U.S.C. § 295.
x
I
MONDAY, MARCH 23, 1970 296
Present Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
:
Opinions
390-278 —70r—r—77
MONDAY, MARCH 23, 19 70 301
Certiorari Granted
Certiorari Denied
|
for writ of certiorari to the United States Court of Appeals for the
Sixth Circuit denied.
No. 1094. Russell Harold Sitton et ux., petitioners, v. United States
j
et al.Petition for writ of certiorari to the United States Court of Ap-
peals for the Fifth Circuit denied.
No. 1112. Chestnut Hill Company et al., petitioners, v. City of
Snohomish. Petition for writ of certiorari to the Supreme Court of
Washington denied.
No. 1120. Associated Pipeline Contractors, Inc., et al., petitioners,
v.Alvin E. Davis. Petition for writ of certiorari to the United States
!
t
MONDAY, MARCH 23, 19 70 304
390-278—70 78
MONDAY, MARCH 23, 19 70 305
and Mr. Justice White are of the opinion that certiorari should be
granted.
No. 1080. James Edward Jones, petitioner, v. James E. Gierach.
Motion to dispense with printing petition granted. Petition for writ
of certiorari to the Supreme Court of Illinois denied.
No. 1104. In the Matter of Neil S. Mackay, petitioner. Motion to
dispense with printing petition granted. Petition for writ of certiorari
to the United States Court of Appeals for the Ninth Circuit denied.
Mr. J ustice Douglas is of the opinion that certiorari should be granted.
No. 237, Misc. Gordon James Moses, petitioner, v. Arizona. Peti-
tion for writ of certiorari to the Supreme Court of Arizona denied.
No. 306, Misc. Herbert D. Stevens, petitioner, v. H. V. Field, Su-
perintendent, California's Men's Colony. Petition for writ of certiorari
to the Court of Appeal of California, Second Appellate District,
denied.
No. 435, Misc. James T. Pope, petitioner, v. City and County of
Philadelphia et al. Petition for writ of certiorari to the United States
Court of Appeals for the Third Circuit denied.
No. 499, Misc. Clarence Commander, petitioner, v. H. V. Field.
Petition for writ of certiorari to the Supreme Court of California
denied.
No. 581, Misc. Walter H. Daniels, petitioner, v. Harold W. Fol-
tion for writ of certiorari to the United States Court of Appeals for
the Second Circuit denied.
No. 824, Misc. Donald Carroll Peters, petitioner, v. California.
Petition for writ of certiorari to the Court of Appeal of California,
Second Appellate District, denied.
No. 838, Misc. Roy Griffin, Jr., petitioner, v. Walter E. Craven,
Warden. Petition for writ of certiorari to the Supreme Court of
California denied.
No. 865, Misc. James L. Stewart, petitioner, v. Lou V. Brewer,
Warden. Petition for writ of certiorari to the Supreme Court of
Iowa denied.
MONDAY, MARCH 2 3, 19 70 306
No. 942, Misc. Ivy Dell Crockrell, petitioner, v. Iverna Carter. Pe-
tition for writ of certiorari to the United States Court of Appeals for
the Ninth Circuit denied.
No. 1045, Misc. Hugh K. Conway and George M. Lebosky, peti-
tioners v.United States. Petition for writ of certiorari to the United
States Court of Appeals for the Third Circuit denied.
No. 1085, Misc. Lowell LeRoy Early, petitioner, v. United States
Petition for writ of certiorari to the United States Court of Appeals
for the Tenth Circuit denied.
No. 1092, Misc. Thomas Pearson and Jimmy Thornell, petition-
ers, v. Florida. Petition for writ of certiorari to the District Court of
Appeal of Florida, Third District, denied.
No. 1149, Misc. Joseph John Jakubiak, United
Jr., petitioner, v.
States. Petition for writ of certiorari to the United States Court of
Appeals for the Second Circuit denied.
No. 1159, Misc. Waymon Austin Wynn, petitioner, v. United
States. Petition for writ of certiorari to the United States Court of
Appeals for the Tenth Circuit denied.
No. 1211, Misc. Paul Lorenzo Hernandez Castillo, petitioner, v.
Supreme Court of
California. Petition for writ of certiorari to the
California denied.
No. 1215, Misc. Joyce L. Talley et al., petitioners, v. M
A & Con-
struction Co., Inc. Petition for writ of certiorari to the Supreme Court
of Alabama denied.
No. 1246, Misc. Silas Elwood York, petitioner, v. J. D. Cox, Su-
perintendent, Virginia State Penitentiary. Petition for writ of cer-
tiorari to the United States Court of Appeals for the Fourth Circuit
denied.
No. 1250, Misc. Jerome Blair Freeman, petitioner, v. Ohio. Peti-
Supreme Court of Ohio denied.
tion for writ of certiorari to the
No. 1256, Misc. Howard Merle, petitioner, v. The North Carolina
Mutual Life Insurance Company. Petition for writ of certiorari to
the United States Court of Appeals for the Fourth Circuit denied.
No. 1259, Misc. Eoger M. Williams, petitioner, v. California Adult
Authority et al. Petition for writ of certiorari to the United States
Court of Appeals for the Ninth Circuit denied.
No. 1265, Misc. Gladys Perez Malo, petitioner, v. United States.
Petition for writ of certiorari to the United States Court of Appeals
for the Second Circuit denied.
No. 1284, Misc. Theodore James Weinreich, petitioner, v. United
States. Petition for writ of certiorari to the United States Court of
Appeals for the Ninth Circuit denied.
MONDAY, MARCH 23, 1970 307
No. 1607, Misc. Time, Inc., petitioner, v. Vial J. Blanke, Sr. Mo-
tion for leave to file petition for writ of certiorari denied. Mr. Justice
Douglas is of the opinion that the motion for leave to file should be
granted.
Rellearixgs Dexled
No. 883, Misc. October Term, 1967. Ray Elbert Parker, petitioner,
v. Maryland et al. Motion for leave to file third petition for rehearing
MONDAY, MARCH 23, 19 70 312
The Court will take a recess from today until Monday, March 30,
1970.
The day call for Monday, March 30, 1970, will be as follows Nos. :
914 (through 917, 920, 921, 1038 and 1057) and 595.
X
MONDAY, MARCH 30, 1970 313
Present : Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
Douglas, Mr. Justice Harlan, Mr. Justice Brennan, Mr. Justice Stew-
art, Mr. Justice White, and Mr. Justice Marshall,
;
N. Y., on motion of Mr. Roswell B. Perkins William Edward Searson ;
390-278—70—79
MONDAY, MARCH 30, 19 70 314
Opinion
a-9
Opinions Per Curiam
1
No. 718, Misc. Peter Craycroft, petitioner, v. William E. Farrell,
etc., et al. On petition for writ of certiorari to the United States Court "5
of Appeals for the Ninth Circuit. Motion for leave to proceed in forma
^
pauperis, and petition for writ of certiori granted. Judgement va- ~J
cated and case remanded to the Court of Appeals for further consider- £
ation in conformity with the opinion of this Court. Opinion per
g
curiam.
jj
No. 1381, Misc. Robert Ritchie Johnston, Jr., and Ralph Eugene Jo
waii. The appeal is dismissed for want of Ju ri s diction. Trea ting ik& ^J
papers whoroon the appeal w as4a kon a s a-^petit4en-^or w^it-of certi
erari, oorti o rari-io d e nied. Opinion per curiam.
TUEGDAY, MARCH 34 ,
1970 315
Orders
Certiorari Granted
for writ of certiorari to the United States Court of Appeals for the
Fifth Circuit denied.
No. 1157. J. D. Cox, Superintendent of the Virginia State Peni-
tentiary, petitioner, v. Russell Judas Nelson. Petition for writ of
certiorari to the United States Court of Appeals for the Fourth Cir-
cuit denied.
390-278—70 80
MONDAY, MARCH 30, 19 70 318
Rehearings Denied
Recess Order
The Court will take a recess from Tuesday, March 31, 1970, until
Monday, April 6, 1970, on which date it will recess until Moday, April
20, 1970.
Oral Argument
Nos. 914, 915, 916, 917, 920, 921, 1038, and 1057. New Haven
Inclusion Cases. Three hours allowed for oral argument. Argued by
Mr. Whitney North Seymour for the Manufacturers Hanover Trust
Company, by Mr. Lester C. Migdal for the First Mortgage 4% Bond-
holders Committee, by Mr. Joseph Auerbach for Richard Joyce Smith,
Trustee of the Property of the New York, New Haven and Hartford
Railroad Company, et al., by Mr. Leonard S. Goodman for the United
States and the Interstate Commerce Commission and by Mr. Hugh
B. Cox for the Penn Central Company.
!
TUESDAY, MARCH 31, 19 70 324
Opinions
No. 778. In the Matter of Samuel Winship, appellant. Appeal
from the Court of Appeals of New York. Judgment reversed and
case remanded to the Court of Appeals of New York for further
proceedings not inconsistent with the opinion of this Court. Opinion
by Mr. Justice Brennan. Concurring opinion by Mr. Justice Harlan.
Dissenting opinion by Mr. Chief Justice Burger with whom Mr.
Justice Stewart joins. Dissenting opinion by Mr. Justice Black.
Oral Argument
No. 595. Louis S. Nelson, Warden, petitioner, v. John Edward
George. Argued by Mrs. Louise H. Renne for the petitioner and by
Mr. George A. Cumming, Jr., for the respondent.
.'390-278—70 81
TUESDAY, MARCH 31, 19 70 325
No. 628. Daniel Jay Schacht, petitioner, v. United States. One and
one half hours allowed for oral argument. Argued by Mr. David H.
Berg for the petitioner, pro hac vice, by special leave of Court, and
by Mr. Solicitor General Griswold for the respondent.
No. 1066. City of Phoenix, Arizona, et al., appellants, v. Emily
Kolodziejski.Argued by Mr. Rex E. Lee for the appellants and by
Mr. Fred H. Eosenfeld for the appellee.
x
FRIDAY, APRIL 3, 19 70 326
Present : Mr. Chief J ustice Burger, Mr. J ustice Black, Mr. Justice
Douglas, Mr. Justice Harlan, Mr. Justice Brennan, Mr. Justice
Stewart, Mr. Justice White, and Mr. Justice Marshall.
v.
No. —
referred to the Court,
United States
. Louisville
et al.
is denied.
&
The
Nashville Railroad Company, appellant,
application for a stay of the order of
March 19, 1970, of the United States District Court for the Northern
pending appeal, presented to Mr. Justice Marshall
District of Illinois
and by him referred to the Court, is granted. Mr. Justice Douglas
dissents from the grant of the stay of the District Court's order.
390-278—70 82
MONDAY, APRIL 6, 19 70 327
Present Mr. Chief J ustice Burger, Mr. Justice Black, Mr. Justice
:
Douglas, Mr. Justice Harlan, Mr. Justice Stewart, Mr. Justice White,
and Mr. Justice Marshall.
Opinions
for the Second Circuit. Judgment reversed and case remanded to the
Court of Appeals for further proceedings in conformity with the
opinion of this Court. Opinion by Mr. Justice Harlan. Concurring
opinion by Mr. Justice Douglas. Dissenting opinion by Mr. Justice
Black with whom Mr. Chief Justice Burger joins.
No. 24. Joseph Waller, Jr., petitioner, v. Florida. On writ of
Court of Appeal of Florida, Second District.
certiorari to the District
Judgment vacated and case remanded to the District Court of Ap-
peal of Florida, Second District, for further proceedings not incon-
sistent with the opinion of this Court. Opinion by Mr. Chief Justice
MONDAY, APRIL &, 1970 333
Burger. Mr. Justice Black joins the opinion of the Court, but never-
theless adheres to the views expressed in his dissenting opinion in
Bartkus v. Illinois, 359 U.S. 121, 150 (1959), and Ablate v. United
States, 359 U.S. 187, 201 (1959). Concurring opinion by Mr. Justice
Brennan.
sented to Mr. Justice White, and by him referred to the Court, is denied.
Mr. Justice Marshall took no part in the consideration or decision of
this application.
Certiorari Granted
to the United States Court of Appeals for the Sixth Circuit denied.
Mr. Justice Douglas is of the opinion that certiorari should be
granted.
No. 1223. Karl H. Meyer, petitioner, v. City of Chicago. Petition
:
for writ of certiorari to the Supreme Court of Illinois denied. Mr.
Justice Douglas, Mr. Justice Brennan and Mr. Justice Marshall are
of the opinion that certiorari should be granted.
No. 140, Misc. Dwight DeWitt Robison, petitioner, v. California.
Petition for writ of certiorari to the Court of Appeal of California,
First Appellate District, denied.
MONDAY, APRIL 6, 19 70 336
No. 1644, Misc. Louis DeBour, Jr., petitioner, v. New York. Pe-
writ of certiorari to the Court of Appeals of New York de-
tition for
nied.
MONDAY, APRIL 6, 19 70 339
Rehearings Denied
K
MONDAY, APRIL 20, 1970 341
Present Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
:
Douglas, Mr. Justice Harlan, Mr. Justice Brennan, Mr. Justice Stew-
art, Mr. Justice White, and Mr. Justice Marshall.
Green Bay, Wise, and Charles Ellis Kuehn, of Green Bay, Wise, on
motion of Mr. Vernon W. Thomson Clarence Archie Decker, of Den-
;
ver, Colo., on motion of Mr. Byron G. Rogers Robert Paul Will, Jr.,
;
390-278—70 85
MONDAY, APRIL 20, 19 70 342
of New York, N.Y., and Edwin K. Reid, of New York, N.Y., on mo-
tion of Mr. Anthony N. Zock and Charles Robert Franzen, of Houston,
;
Opinions
Appeal from the United States District Court for the Northern
et al.
District of California.Judgment reversed and case remanded to the
United States District Court for the Northern District of California
for further proceedings in conformity with the opinion of this Court.
Opinion by Mr. Justice Douglas. Dissenting opinion by Mr. Justice
Black with whom Mr. Chief Justice Burger joins. Dissenting opinion
by Mr. Chief Justice Burger.
No. 445. Standard Industries, Inc., petitioner, v. Tigret Indus-
On writ of certiorari to the United States Court of
tries, Inc., et al.
the United States District Court for the Western District of Texas.
Judgment vacated and case remanded to the United States District
Court for the Western District of Texas for further consideration in
conformity with the opinion of this Court. Opinion per curiam. The
Chief Justice, Mr. Justice Black, and Mr. Justice Stewart dissent.
No. 742. United States, appellant, v. Donald Simon. Appeal from
the United States District Court for the Western District of Wis-
consin. Judgment vacated and case remanded to the United States
District Court for the Western District of Wisconsin with instruc-
tions to reinstate count 1 of the indictment, charging a violation of
26 U.S. C. § 4742 (a). Opinion percu mam.
No. 828. John Montgomery et al., appellants, v. Ernestine Kaiser
et al.Appeal from the United States District Court for the Northern
District of California. Judgment vacated and case remanded to the
United States District Court for the Northern District of California
for further consideration in conformity with the opinion of this Court.
Opinion per curiam. Mr. Justice Douglas, Mr. Justice Brennan, and
Mr. Justice Marshall are of the opinion that the judgment should be
affirmed.
No. 1478, Misc. Richard S., etc., appellant, v. City of New York.
Appeal from the Court of Appeals of New York. Motion for leave
to proceed in forma pauperis granted. Judgment vacated and case re-
granted.
Certiorari Granted
Certiorari Denied
i
Inc. Petition for writ of certiorari to the United States Court of Ap-
1
f
No. 1336. Eugene Sand & Gravel, Inc., petitioner, v. Raymond N.
Lowe et al. Petition for writ of certiorari to the Supreme Court of
Oregon denied.
No. 692. The Public Service Commission of Wyoming et al., peti-
tioners, v. Tri-State Generation & Transmission Association, Inc. The
!
motion of the National Association of Regulatory Utility Commission-
ers for leave to file a brief, as amicus curiae, is granted. Petition for
I
writ of certiorari to the United States Court of Appeals for the Tenth
Circuit denied. The Chief Justice and Mr. Justice Stewart are of the
opinion that certiorari should be granted.
No. 844. United States, petitioner, v. Henry Falk. Petition for
of certiorari to theUnited States Court of Appeals for the Sixth
I Circuit denied. Mr. Justice Black and Mr. Justice White are of the
! opinion that certiorari should be granted.
390-278—70 87
MONDAY, APRIL 20, 19 70 350
denied.
Oral Argument
x
TUESDAY, APRIL 21, 1970 363
Present Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
:
lin, of Miami, Fla., on motion of Mrs. Ellen Lee Park Thomas Em-
;
I
Jr., of Rockville, Md., on motion of Mr. John Palmer Arness; John
390-278 —70 88
TUESDAY, APRIL 21, 197 0 364
Oral Argument
Argued by Mr. Lynn S. Castner for the appellants and by Mr. Richard
H. Kyle for the appellees.
No. 768. The Boys Markets, Inc., petitioner, v. Retail Clerk's
Union, Local 770. Argument commenced by Mr. Joseph M. McLaugh-
lin for the petitioner.
x
WEDNESDAY, APRIL 2 2, 19 70 365
Present Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
:
Douglas, Mr. Justice Harlan, Mr. Justice Brennan, Mr. Justice Stew-
art, Mr. Justice White, and Mr. Justice Marshall.
Bay, Wis., on motion of Mr. George Browning III Norman Lef stein,
;
'
390-278—70—89
WEDNESDAY, APRIL 2'2, 1970 366
Oral Argument
x
MONDAY, APRIL 27, 1970 367
Present Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
:
390-278—70 90,
MONDAY, APRIL 2 7, 19 70 368
No. 41. The Choctaw Nation and the Chickasaw Nation, petition-
ers, v. Oklahoma et al. ; and
No. 59. The Cherokee Nation or Tribe of Indians in Oklahoma,
petitioner, v. et al. On writs of certiorari to the United
Oklahoma
States Court of Appeals for the Tenth Circuit. Judgments reversed
and cases remanded to the Court of Appeals for further proceedings
in conformity with the opinion of this Court. Opinion by Mr. Justice
Marshall. Concurring opinion by Mr. Justice Douglas. Dissenting
opinion by Mr. Justice White with whom Mr. Chief Justice Burger
and Mr. Justice Black join. Mr. Justice Harlan took no part in the
consideration or decision of these cases.
No. 300. Julia Tooahnippah (Goombi), et al., petitioners, v.
Walter J. Hickel, Secretary of the Interior for the United States,
et al. On writ of certiorari to the United States Court of Appeals for
the Tenth Circuit. Judgments reversed and case remanded to the
Court of Appeals with directions to reinstate the judgment of the
United States District Court for the Western District of Oklahoma.
Opinion by Mr. Chief Justice Burger. Mr. Justice Black would affirm
the judgments below for the reasons set forth by Court of Appeals in
this case, 407 F. 2d 394, and in Heffelman v. Udall, 378 F. 2d 109
(C.A. 10th Cir. 1967). Concurring opinion by Mr. Justice Harlan.
No. 82. Lee Arthur Hester, petitioner, v. Illinois. On writ of
Supreme Court of Illinois. Writ of certiorari dis-
certiorari to the
MONDAY, APRIL 2 7, 19 70 369
the American Civil Liberties LTnion et al., for leave to file briefs, as
amici curiae, are granted. Mr. Justice Douglas took no part in the
consideration or decision of these motions.
No. 138j9. Eichard May berry, petitioner, v. Pennsylvania. The
motion of the petitioner for the appointment of counsel is granted,
and it is ordered that Ralph S. Spritzer, Esquire, of Philadelphia,
Pennsylvania, a member of the Bar of this Court, be, and he is hereby,
appointed to serre as counsel for the petitioner in this case.
Certiorari Denied
I
MONDAY, APRIL 2 7, 19 70 376
for writ of certiorari to the United States Court of Appeals for the
Second Circuit denied.
No. 1838, Misc. David W. Wion, petitioner, v. United States. Peti-
tion for writ of certiorari to the United States Court of Appeals for
the District of Columbia Circuit denied.
No. 1852, Misc. John Mc Williams, petitioner, v. United States.
Petition for writ of ceritorari to the United States Court of Appeals
for the Eighth Circuit denied.
Recess Order
The Court will take a recess from Monday, May 4, 1970, until
Monday, May 18, 1970,
MONDAY, APRIL 27, 19 70 377
Oral Argument
X
TUESDAY, APRIL 28, 1970 378
Present: Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
Douglas, Mr. Justice Harlan, Mr. Justice Brennan, Mr. Justice
Stewart, Mr. J ustice White, and Mr. Justice Marshall.
Oral Argument
390-278-70 92
WEDNESDAY, APRIL 29, 19 70 379
Present Mr. Chief J ustice Burger, Mr. Justice Black, Mr. Justice
:
Oral Arguaiext
argued by Mr. Victor Kabinowitz and Mrs. Eleanor Jackson Piel for
the appellants and by Mr. Frederick J. Ludwig and Mrs. Maria L.
Marcus for the appellees.
x
THURSDAY, APRIL 3 0, 19 70 381
Present: Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
Douglas, Mr. Justice Harlan, Mr. Justice Brennan, Mr. Justice Stew-
art, Mr. Justice White, and Mr. Justice Marshall.
Oral Argument
Present Mr. Chief J ustice Burger, Mr. Justice Black, Mr. Justice
:
390-278—70 95
MONDAY, MAY 4, 19 70 383
\
Scarsdale, N.Y., Gerald Philip Goldsmith, of New York, N.Y., Alf red
Geisinger, of New Rochelle, N.Y., Erwin Greenwald, of New York,
N.Y., Bernard Halfond, of Bronx, N.Y., Lawrence Halfond, of New
York, N.Y., Stuart Halpern, of New York, N.Y., Norman Harris,
of San Francisco, Calif., Julian M. Kleban, of New York, N.Y.,
Martin B. Klein, of Bronx, N.Y., Seymour Landau, of Bronx, N.Y.,
Arlindo D. Lenti, of New York, N.Y., Murray Richman, of Bronx,
N.Y., Joaquin Rivera, of New York, N.Y., John B. Segall, of San
Mateo, Calif., Alexander J. Severi, of Bronx, N.Y., Charles J. G.
Spiegel, Jr., of New York, N.Y., Marvin Stillman, of Queens, N.Y.,
John J. Sulger, of New York, N.Y., and Samuel P. Tolisano, of
Bronx, N.Y., on motion of Mr. Jacob H. Gilbert.
MONDAY, MAY 4, 19 70 386
whom Mr. Justice Douglas and Mr. Justice Marshall join concurring
in the result in this case and dissenting in No. 268, post.
390-278- 70 96
MONDAY, MAY 4, 19 70 387
in this case. Dissenting opinion by Mr. Justice Brennan with whom Mr.
Justice Douglas and Mr. Justice Marshall join.
No. 268. Charles Lee Parker, petitioner, North Carolina. On
v.
writ of certiorari to the Court of Appeals ofNorth Carolina. Judg-
ment affirmed. Opinion by Mr. Justice White. Concurring opinion by
Mr. Justice Black. Opinion by Mr. Justice Brennan with Mr. Justice
Douglas and Mr. Justice Marshall join dissenting in this case and
concurring in the result in No. 270, ante.
No. 135. Frederick Walz, appellant, v. Tax Commission of the
City of New York. Appeal from the Court of Appeals of New York.
Judgment affirmed. Opinion by Mr. Chief Justice Burger. Concur-
ring opinion by Mr. Justice Brennan. Separate opinion by Mr. Justice
Harlan. Dissenting opinion by Mr. Justice Douglas.
No. 399. Daniel Rowan, dba American Book Service, et al., appel-
United States Post Office Department et al. Appeal from the
lants, v.
United States District Court for the Central District of California.
Judgment affirmed. Opinion by Mr. Chief Justice Burger. Concurring
opinion by Mr. Justice Brennan with whom Mr. Justice Douglas
joins.
No. 893. Bell Lines, Inc., et al., appellants, v. United States et al.
Appeal from the United States District Court for the Southern Dis-
trict of West Virginia. Judgment affirmed. Opinion per curiam.
United States District Court for the Eastern District of New York.
Judgment vacated and case remanded to the United States District
Court for the Eastern District of New York so that it may enter a
fresh decree from which timely appeal may be taken to the Court of
Appeals. Opinion per curiam. Mr. Justice Douglas concurs in the
result.
Certiorari Denied
Division, denied.
No. 1858, Misc. Luis Morales, petitioner, v. Walter E. Craven,
Warden. Petition for writ of certiorari to the United States Court of
Appeals for the Ninth Circuit denied.
No. 1860, Misc. Thomas Sherrod, petitioner, v. Warden, Maryland
House of Correction. Petition for writ of certiorari to the United
States Court of Appeals for the Fourth Circuit denied.
No. 1863, Misc. Francisco Guerrero, petitioner, v. George J. Beto,
Director, Texas Department of Corrections. Petition for writ of
certiorari to the Court of Criminal Appeals of Texas denied.
No. 1189, Misc. Freddie Lee Pitts and Wilbert (Slingshot) Lee,
petitioners v. Louie L. Wainwright, Director, Florida Division of
Corrections, et al. ; and
No. 1861, Misc. Anderson B. Norsworthy, petitioner, v. Harold
V. Field, Superintendent. Motions for leave to file petitions for writs
of habeas corpus denied.
Rehearing Denied
No. 1333, October Term, 1968. Rose Slay ton et al., petitioners, v.
Missouri Pacific Railroad Company. Motion for leave to file petition
for rehearing denied. The Chief Justice took no part in the considera-
tion or decision of this motion.
No. 1900, Misc., October Term, 1968. Sal vat ore Rispo, Jr., peti-
Pennsylvania. Motion for leave to file a second petition for
tioner, v.
rehearing denied. The Chief Justice took no part in the consideration
or decision of this motion.
Order
It is ordered that the call for the calendar, except for special as-
signments, be suspended for the term upon the conclusion of the argu-
ments in the case listed for hearing this week.
Oral Argument
X
THURSDAY, MAY 14, 1970 395
Present Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
:
Order
The stay heretofore issued by the United States District Court for the
District of Massachusetts staying its injunction dated May 6. 1970,
is extended through May 22, 1970.
390-278—70 97
MONDAY, MAY 18, 1970 396
Present : Mr. Chief J ustice Burger, Mr. Justice Black, Mr. Justice
Douglas, Mr. Justice Harlan, Mr. Justice Brennan, Mr. Justice
Stewart, and Mr. Justice White.
Opinions
390-278—70 98
MONDAY, MAY 18, 19 70 397
for want of jurisdiction. Treating the papers whereon the appeal was
taken as a petition for writ of certiorari, certiorari is denied.
Certiorari Denied
390-278—70 100
MONDAY, MAY 18, 1970 405
Reecearings Denied
j
No. 1390, Misc. Hotel, Motel and Club Employees Union Local 6,
petitioner, v. George P. Shultz, Secretary of Labor. Motion for
eave to file petition for rehearing denied. Mr. Justice Marshall took
10 part in the consideration or decision of this motion.
No. 1443, Misc. Dominick Saffioti, petitioner, v. Martin P. Cather-
vood, Industrial Commissioner of New York. Motion for leave to file
econd petition for rehearing denied.
Recess Order
The Court will take a recess from today until Monday, May 25,
970.
I
on motion of Mr. Vincent W. Ambrose James Clark Henry, of Lake-
;
New York, N. Y., Jay D. Harris, of New York, N.Y., Thomas Laverne,
of Rochester, N.Y., Francis EdwardO'Brien, of Suffolk, N.Y., John
E. Philippone, of Rochester, N.Y., and Richard M. Rosenbaum, of
Rochester, N.Y., on motion of Mr. George C. Couglin.
Paul R. Frank, of New York, N.Y., Gary B. Franklin, of Copiague,
N.Y., B. Walter Freeman, of New York, N.Y., Mark G. Fresco, of
New York, N.Y., Harvey K. Friedland, of Brooklyn, N.Y., Alan G.
Friedman, of New York, N.Y., Joseph N. Friedman, of J amaica, N.Y.,
Stephen A. Fritz, of St. James, N.Y., Murry P. Gaiman, of Wood-
ridge, N.Y., Frances C. Galloway, of Scarsdale, N.Y., John H. Gallo-
way, III, of Scarsdale, N.Y., William H. Gardner, of Buffalo, N.Y.,
Bernard Garfinkel, of Rochester, N. Y., Gerald J. Garner, of Harrison,
N.Y., Jack L. Gardner, of Jersey City, N. J.. Joseph Gelb. of Newlett,
N.Y., Paul A. Germain, of Manlius, N.Y., Anthony R. Giambalvo, of
Syosset, N.Y., Egidio R. Giuntini, of White Plains, N.Y., Leo Glass,
of Monticello, N.Y., John W. Glavin, of Rochester, N.Y., Jack D.
Glazer, of Copiague, N.Y., John E. Glenn, of Albany, N.Y., Harold W.
Goble, of Amagansett, N.Y., Abraham Goldes, of New York, N.Y.,
William Goldman, of Auburn, N.Y., Gerald Gordon, of New York,
N.Y., Leon Greenberg, of South Fallsburg, N.Y., Hugh C. Gregg II,
MONDAY, MAY 18, 19 70 411
|
York, N.Y., Albert H. Pinsky, of Rochester, N.Y., William F. Plun-
kett, Jr., of Tarrytown, N.Y., Emmett W. Poindexter, of New York,
i
N.Y., Ronald W. Pott, of Syracuse, N.Y., Robert S. Raum, of New
j
York, N. Y., John H. Reilly, Jr., of New York, N.Y., Stanley B. Reiter,
of Binghamton, N.Y., E. Allan Riebesehl, of New York, N.Y., Charles
Rindner, of Levittown, N.Y., Vincent R. Rippa, of New York, N.Y.,
Gerald A. Robbie, of New York, N.Y., Thomas J. Romans, of New
I
York, N.Y., Daniel M. Rosen, of Briarcliff Manor, N.Y., Marvin J.
Rosenthal, of Rochester, N.Y., Herbert Rosenstein, of New York, N.Y.,
Christopher T. W. Ross, of Buffalo, N.Y., Milton Ross, of Albertson,
N.Y., Robert A. Rubin, of New York, N.Y., Joseph Michael Ryan, of
New York, N.Y., Kenneth W. Salaway, of Kew Gardens, N.Y., Alan
Leslie Schlang, of Flushing, N.Y., Paul R. Scott, of New York, N.Y.,
Allan S. Sexter, of Hewlett, N.Y., Joel A. Sharon, of San Mateo,
Calif., Robert Sharon, of NewYork, N.Y., Donald P. Sheldon, of
Buffalo, N.Y., Heywood Shelley, of New York, N.Y., Stuart S.
Sherman, of New York, N.Y., Howard A. Sieven, of Armonk, N.Y.,
Robert Silk, of New York, N. Y., Bernard S. Silverman, of Bay Shore,
N.Y., Sidney B. Silverman, of New York, N.Y., Philip I. Silverstein,
of New York, N.Y., Andrew J. Simons, of Westbury, N.Y., Theodore
Smolar, of Bronx, N.Y., Arthur Herbert Sobel, of Lawrence, N.Y.,
Steven R. Sosnov of New York, N.Y., William V. Spelman, of York-
town Heights, N.Y., Edward H. Spencer, of New York, N.Y., Jack
Stein, of Holliswood, N.Y., Robert Joseph Stein, of Buffalo, N.Y.,
Dennis Strom, of New York, N.Y., Michael J. Suhalla, of Buffalo,
N.Y., Eric P. Sullivan, of Rockville Centre, N.Y., John Joseph Sut-
ter, of Mineola, N.Y., Harold Sussman, of Liberty, N.Y., Jerome
Present Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
:
Order
Chief Justice, Mr. Justice Black, Mr. Justice Harlan and Mr. Justice
Stewart would grant the stay.
390-278—70 101
MONDAY, MAY 2 5, 19 70 418
Appeals —Dismissals
No. 1267. Janet Stotland et al., appellants v. Pennsylvania. Appeal
from the Superior Court of Pennsylvania, Philadelphia District. The
appeal dismissed for want of a substantial federal question. Dissent-
is
ing opinion by Mr. Justice Douglas. Mr. Justice Brennan took no part
in the consideration or decision of this case.
No. 1449. Samuel Cohen et ux, appellants, v. Wilmington Housing
Authority. Appeal from the Supreme Court of Delaware. The appeal
is dismissed for want of jurisdiction. Treating the papers whereon the
390-278—70 -102
MONDAY, MAY 2 5, 19 70 419
Certiorari Granted
to the United States Court of Appeals for the Fourth Circuit denied.
No. 1586, Misc. Virgil L. Limbaugh, petitioner, v. Alabama. Peti-
tion for writ of certiorari to the Court of Appeals of Alabama denied.
tition for writ of certiorari to the United States Court of Appeals for
the District of Columbia Circuit denied.
No. 2033, Misc. Sherill E. Penney and George C. Hendricks, pe-
titioners, v. United States. Petition for writ of certiorari to the
United States Court of Appeals for the Sixth Circuit denied.
Rehearings Denied
Except for Nos. 1211, 1267, 1392 and 1776, Misc., Mr. Justice
Marshall took no part in the consideration or decision of the matters
on this order list.
Assignment Orders
;
of Appeals for the Second Circuit beginning October 13, 1970, and
ending October 16, 1970, and for such further time as may be required
to complete unfinished business, pursuant to 28 U.S.C. § 294(a), is
ordered entered on the minutes of this Court, pursuant to 28 U.S.C.
§295.
Eecess Order
The Court will take a recess from today until Monday, June 1, 1970.
|
Melvin R, Simensky, of Brooklyn, N.Y., Gertrude Caminez Solez, of
Bronxville, N.Y., Joseph Stern, of Montclair, N. J., Arthur J. Stevens,
I
of New York, N.Y., John M. Stolfi, of Massapequa, N.Y., Howard
Jesse Weiss, of New York, N.Y., and Seymour C. Yuter, of Briarcliff
MONDAY, MAY 2 5, 19 70 428
X
THURSDAY, MAY 28, 1970 428a
Present : Mr. Chief Justice Burger, Mr. J ustice Black, Mr. Justice
Douglas, Mr. Justice Harlan, Mr. Justice Brennan, Mr. Justice
Stewart, Mr. Justice White, and Mr. Justice Marshall.
Order
x
MONDAY, JUNE 1, 19 70 429
Present Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
:
Douglas, Mr. Justice Harlan, Mr. Justice Brennan, Mr. Justice Stew-
art, and Mr. Justice White.
390-278—70 104
MONDAY, JUNE 1, 19 70 430
Opinions
"Today's orders of the Court have been certified by the Chief Jus-
tice, filed with the Clerk, and will not be announced orally."
curiam. Mr. Justice Douglas and Mr. Justice Harlan would affirm.
Mr. Justice Black would note probable jurisdiction and set case for
argument. Mr. Justice Marshall took no part in the consideration or
decision of this case.
have authority to make a new designation which shall have the same
effect as if originally made by the Court herein.
No. 179. William P. Rogers, Secretary of State, appellant, v. Aldo
Mario Bellei. The motion of the appellee to remove this case from the
summary calendar is granted, and a total of one and one half hours
is allotted for oral argument.
No. 977. George K. Wyman, Individually and as Commissioner
of the State of Xew York, Department of Social Services, appellant, v.
Barbara James, etc. The application to remove seal from the record or
permit reference in briefs to sealed material is granted.
Certiorari Granted
Whether the Ohio statute which provides that the trier of fact
"2.
Certiorari Denied
J
No. 1419. Daniel A. O'Brien, Superintendent of Massachusetts
Correctional Institution at Warwick, petitioner, v. Anthony G. Saville.
3
etition for writ of certiorari to the United States Court of Appeals
or the First Circuit denied.
390-278—70 105
MONDAY, JUNE 1, 19 70 438
Rehearings Denied
New York. Motion for leave to file second petition for rehearing
denied. The Chief Justice took no part in the consideration or deci-
sion of this motion.
MONDAY, JUNE 1, 19 70 442
Recess Order
The Court will take a recess from today until Monday, June 8,
1970.
X
MONDAY, JUNE 8, 1970 444
MONDAY, JUNE 8, 19 70
Present: Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
Douglas, Mr. Justice Harlan, Mr. Justice Brennan, and Mr. Justice
White.
Admissions to the Bar
Eugene Keller; William Byron Smith III, of St. Louis, Mo., on mo-
tion of Mr. Bart J. Carroll, Jr.; Julius Greenfield, of New York,
N.Y., on motion of Mr. Frank Cummings; Joseph Edward Brady,
of New York, N.Y., and William Peter Frost, of New York, N.Y.,
on motion of Mr. Patrick L. Wynne Bruce Aberg Poulsen, of Min-
;
I
neapolis, Minn., on motion of Mr. William F. Garcia; William C.
Evans, of Washington, B.C., on motion of Mr. Berl I. Bernhard Jeff ;
;
Leonard Weis, of Paynesville, Minn., on motion of Mr. Lome Dale
Mclver and Orval F. Baldwin, of Topeka, Kans., Thomas W. Brooks,
;
I
MONDAY, JUNE 8, 19 70 446
Mr. Justice Harlan would reverse the judgment below based on his
separate opinions in Desist v. U.S., 394 U.S. 244, 256, and in North
Carolina v. Pearce, 395 U.S. 711, 744. Dissenting opinin by Mr. Jus-
tice Douglas. Mr. Justice Marshall took no part in the decision of this
case.
cessor who Mr. E. Robert Seaver of Virginia. Mr. Seaver has had
is
Appeal —Dismissal
No. 1463. National Advertising Company, appellant, v. County of
Monterey et al. Appeal from the Supreme Court of California. The
motion to dismiss is granted and the appeal is dismissed for want
of jurisdiction. Treating the papers whereon the appeal was taken as
a petition for writ of certiorari, certiorari is denied.
the United States Court of Appeals for the Third Circuit be, and
he is hereby, appointed Special Master in this case with authority
to fix the time and conditions for the filing of additional pleadings
and to direct subsequent proceedings, and with authority to summon
witnesses, issue subpoenas, and take such evidence as may be introduced
and such as he may deem it necessary to call for. The master is directed
to submit such reports as he may deem appropriate.
The master shall be allowed his actual expenses. The allowances
to him, the compensation paid to his technical, stenographic, and
clerical assistants, the cost of printing his report, and all other proper
expenses shall be charged against and be borne by the parties in such
proportion as the Court hereafter may direct.
It is further ordered that if the position of Special Master in this
case becomes vacant during a recess of Court, the Chief Justice shall
have authority to make a new designation which shall have the same
effect as if originally made by the Court herein.
Mr. Justice Douglas took no part in the consideration or decision
of these motions.
No. 900. United States, appellant, Fred Fancher. The motion
v.
of the appellee for leave to proceed in forma pauperis is granted. The
motion of the appellee for the appointment of counsel is granted, and it
is ordered that Donald K. Shultz, Esquire, of Eapid City, South Da-
kota, be, and he is hereby, appointed to serve as counsel for the appellee
in this case.
390-278—70 107
MONDAY, JUNE 8, 1970 449
Certiorari Granted
Certiorari Denied
"No. 1462. Sam Alta Dry den and Ray Bueiew Hutcheson, petition-
ers, v.United States. Petition for writ of certiorari to the United
States Court of Appeals for the Fifth Circuit denied.
Rehearings Denied
Order
Recess Order
The Court will take a recess from today until Tuesday, June 9,
1970.
Order
Present Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
:
Douglas, Mr. Justice Harlan, Mr. Justice Brennan, Mr. Justice Stew-
art, Mr. Justice White, and Mr. Justice Blackmun.
"Kichard Nixon,
Laws of the said United States, and to have and to hold the said
office, with all the powers, privileges and emoluments to the same of
390-278—70 108
TUESDAY, JUNE 9, 19 70 457
right appertaining, unto Him, the said Harry A. Blackmun, during
his good behavior.
"In testimony whereof, I have caused these Letters to be made
patent and the seal of the Department of Justice to be hereunto
affixed.
"Done in the City of
Washington, this 14th day of May, in the
Lord one thousand nine hundred and seventy, and of the
year of our
Independence of the United States of America the one hundred and
ninety- fourth."
Signed, Richard Nixon, and attested by John N. Mitchell, Attorney
General, with the seal of the Department of Justice affixed.
The Justice designate was then escorted by the Clerk to the center
of the bench.
The Chief Justice said:
"Please raise your right hand, Judge Blackmun, and repeat after me
(The following oath was administered by the Chief Justice and
repeated by J udge Blackmun :)
"I, Harry Andrew Blackmun, do solemnly swear that I will ad-
minister justice without respect to persons, and do equal right to
the poor and to the rich, and that I will faithfully and impartially
discharge and perform all the duties incumbent upon me as an Asso-
ciate Justice of the Supreme Court of the United States, according to
the best of my
abilities and understanding, agreeably to the Con-
stitution of the United States; and that I will support and defend
the Constitution of the United States against all enemies, foreign and
domestic that I will bear true faith and allegiance to the same that
; ;
X
THURSDAY, JUNE 11, 19 70 459
Present Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
:
Douglas, Mr. Justice Harlan, Mr. Justice Brennan, Mr. Justice Stew-
art, Mr. Justice White, and Mr. Justice Blackmun.
Order
et al.Appeal from the United States District Court for the District
of New Jersey. The motions to dispense with printing the jurisdic-
tional statement and to dispense with printing the motion to dismiss or
affirm are granted. The motion to advance is granted. The judgment
is affirmed. Mr. Justice Marshall took no part in the consideration or
390-278—70 109
MONDAY, JUNE 15, 1970 460
Present Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
:
Harlan, Mr. Justice Brennan, Mr. Justice Stewart, Mr. Justice White,
and Mr. Justice Blackmun.
390-278—70 110
MONDAY, JUNE 15, 1970 461
to practice.
Opinions
States Court of Appeals for the Fifth Circuit. Petition for writ
of certiorari granted, judgment vacated, and case remanded to the
Court of Appeals for further consideration in light of The Boys
Markets, Ins. v. Retail Clerk's Union, Local 770, 398 U.S. decided ,
June 1, 1970. Opinion per curiam. Mr. Justice Black and Mr. Justice
Douglas dissent. Mr. Justice Marshall took no part in the considera-
tion or decision of this case.
No. 1470. Donald P. Walker, appellant, v. Ohio. Appeal from the
Supreme Court of Ohio. Judgment reversed and case remanded to
the Supreme Court of Ohio for further proceedings not inconsistent
with the opinion of this Court. Opinion per curiam. Dissenting opin-
ion by Mr. Chief Justice Burger. Mr. Justice Harlan would affirm.
Mr. Justice Marshall and Mr. Justice Blackmun took no part in the
consideration or decision of this case.
No. 1658, Misc. James Kay Bassett, petitioner, v. S. Lamont
Smith, Warden. Motion for leave to proceed in forma pauperis and
petition for writ of certiorari to the Supreme Court of Georgia
granted. Judgment vacated and case remanded to the Supreme Court
of Georgia for further consideration not inconsistent with the opin-
ion of this Court. Opinion per curiam. Mr. Justice Marshall and
Mr. Justice Blackmun took no part in the consideration or decision
of this case.
Appeals —Dismissals and Affirmances
No. 1358. Morris M. Cannon et a!., appellants, v. William H. Green
et al. Appeal from the United States District Court for the District
of Columbia. The appeal is dismissed for want of jurisdiction.
No. 1359. Paul Powell, Individually and as Secretary of State of
al., appellants, v. Robert E. Mann et al.
the State of Illinois, et and ;
390-278—70—111
MONDAY, JUNE 15, 19 70 465
Certiorari Granted
J
MONDAY, JUNE 15, 19 70 468
No. 1213, Misc. Melville R. Anderson, petitioner, v. Harold W.
Warden. Petition for writ of certiorari to the United States
Follette,
Court of Appeals for the Second Circuit denied.
No. 1793, Misc. Neil Whitley, petitioner, v. Ohio. Petition for writ
of certiorari to the Supreme Court of Ohio denied.
No. 1891, Misc. Charles Lee Jelks, petitioner, v. Arizona. Petition
Supreme Court of Arizona denied.
for writ of certiorari to the
No. 1909, Misc. James A. Kennedy, petitioner, v. United States.
Petition for writ of certiorari to the United States Court of Appeals
for the Eighth Circuit denied.
I
MONDAY, JUNE 15, 1970 470
No. 531, Misc. Raymond Cook, petitioner, v. United States. Mo-
tion for leave to amend petition in No. 375, Misc. granted. Application
for bail and for other relief in No. 531, Misc. presented to Mr. Justice
Douglas, and by him referred to the Court, denied. Petitions for writs
of certiorari to the United States Court of Appeals for the Fifth Cir-
cuit denied. Mr. Justice Harlan would grant the petition for cer-
tiorari,vacated judgment of Court of Appeals, and remand to that
court for further consideration in light of Leary v. United States,
395 U.S. 6 (1969). See Street v. New York, 394 U.S. 576, 586 (1969)
Stromberg v. California, 283 U.S. 359 (1931) and Desist v. United
;
States, 394 U.S. 244 (1969), dissenting opinion of Harlan, J. id. 256.
No. 2055, Misc. Thomas Franklin Clemas, petitioner, v. United
States. Petition for writ of certiorari to the United States Court of
Appeals for the Eighth Circuit denied. Mr. Justice Blackmun took
no part in the consideration or decision of this petition.
No. 2059, Misc. Charles W. Patch, petitioner, v. Illinois. Petition
for writ of certiorari to the Supreme Court of Ilinois and for other
relief denied.
The Rules of this Court as amended on June 15, 1970, have been
lodged with the Clerk, and it is ordered that said Rules shall become
effective on July 1, 1970, and be printed as an appendix to the United
States Reports.
It is further ordered that the Rules promulgated on June 12, 1967,
appearing in volume 388 of the United States Reports be, and they
hereby are, rescinded, but this shall not affect any proper action taken
under them before the Rules hereby adopted become effective.
MONDAY, JUNE 15, 19 70 471
Eecess Order
The Court will take a recess from today until Monday, June 22, 1970.
X
MONDAY, JUNE 22, 1970 472
Present Mr. Chief J ustice Burger, Mr. Justice Black, Mr. J ustice
:
Harlan, Mr. Justice Brennan, Mr. Justice Stewart, Mr. Justice White,
and Mr. Justice Blackmun.
Donald DeVere Lettow, of St. Cloud, Fla., Charles Otis Baird, Jr.,
ton, D.C., Henry Francis Greene, of Eeston, Va., and John George
Perazich, of Washington, D.C., on motion of Judge William Benson
Bryant; Edward Albert Arianna, of Dallas, Tex., and Joseph Mc-
Cabe Walker, of Philadelphia, Pa., on motion of Mr. Vincent W. Am-
brose; H. David Eosenbloom, of Washington, D.C., on motion of Mr.
Mortimer M. Caplin; C. Eobert Simpson, Jr., of La Habra, Calif.,
on motion of Mr. Edwin Shaffer Eockefeller, III Andrew F. Leoni,;
Opinions
1
MONDAY, JUNE 2 2, 19 70 474
ion by Mr. Chief J ustice Burger. Opinion by Mr. Justice Black with
whom Mr. Justice Douglas joins concurring in part and dissenting
in part. Opinion by Mr. Justice Harlan dissenting in No. 188, ante,
and concurring in this case. Opinion by Mr. Justice Stewart dissenting
in No. 188, ante, and concurring in this case. Opinion by Mr. Justice
Marshall dissenting in part. Mr. Justice Blackmun took no part in the
consideration or decision of this case.
No. 727. Donald J. Vale, appellant, v. Louisiana. Appeal from
the Supreme Court of Louisiana. Judgment reversed and case re-
manded to the Supreme Court of Louisiana for further proceedings
not inconsistent with the opinion of this Court. Opinion by Mr. Justice
Stewart. Dissenting opinion by Mr. Justice Black with whom Mr.
Chief Justice Burger joins. Mr. Justice Blackmun took no part in the
consideration or decision of this case.
No. 72. John Henry Coleman and Otis Stephens, petitioners, v.
Alabama. On writ of certiorari to the Court of Appeals of Alabama.
Judgment vacated and case remanded to the Court of Appeals of Ala-
bama for further proceedings not inconsistent with the judgment of
this Court. Mr. Justice Brennan announced the judgment of this
Court and delivered an opinion. Concurring opinion by Mr. Justice
Black. Concurring opinion by Mr. Justice Douglas. Concurring opinion
by Mr. Justice White. Opinion by Mr. Justice Harlan concurring in
part and dissenting in part. Dissenting opinion by Mr. Chief Justice
Burger. Dissenting opinion by Mr. Justice Stewart with whom Mr.
Chief Justice Burger joins. Mr. Justice Blackmun took no part in the
consideration or decision of this case.
Certiorari Granted
Certiorari Denied
Lumber Sales, Inc. Petition for writ of certiorari to the United States
Court of Appeals for the Seventh Circuit denied.
No. 1317. Carlo Gambino, petitioner, v. Immigration and Natural-
ization Service. Petition for writ of certiorari to the United States
Court of Appeals for the Second Circuit denied.
No. 1353. Dory Auerbach and Irving Gottlieb, petitioners, v.
Rehearings Denied
The Court will take a recess from today until Tuesday, June 23,
1970.
Present Mr. Chief Justice Burger, Mr. Justice Douglas, Mr. Justice
:
Harlan, Mr. Justice Brennan, Mr. Justice Stewart, Mr. Justice White,
and Mr. Justice Blackmun.
Opinions
States District Court for the District of Oregon for further proceed-
ings in conformity with the opinion of this Court. Opinion per curiam.
Mr. Justice Harlan took no part in the consideration or decision of
these cases.
Order in Pending Case
Xo. 33, Original. State of Arkansas, plaintiff, v. State of Ten-
nessee. Decree entered.
Recess Order
The Court will take a recess from today until Monday, June 29, 1970,
upon which day it will adjourn for the term unless otherwise ordered.
X
FRIDAY, JUNE 2 6, 1970 488
Present Mr. Chief Justice Burger, Mr. Justice Black, Mr. Justice
:
Order
390-278- 70 115
SATURDAY, JUNE 27, 1970 489
Order
if State of Rhode
Island, et al., and John R. Early et aL, appellants,
\ Joan DiCenso et al. The application for a stay of the order of the
Jnited States District Court for the District of Rhode Island en-
ered in Civil Action No. 4239 on June 17, 1970, which application
ras presented to Mr. Justice Brennan, and by him referred to the
)ourt, is granted, and the said order is hereby stayed pending the
390-278—70 116
MONDAY, JUNE 29, 19 70 490
39O-278—70 117
MONDAY, JUNE 2 9, 19 70 491
Opinions
trict Court for the Western District of Texas. Appeal dismissed for
want of jurisdiction. Opinion by Mr. Justice Stewart. Concurring
opinion by Mr. Justice White with whom Mr. Justice Brennan joins.
Mr. Justice Blackmun took no part in the consideration or decision
of this case.
Nos. 914, 916, 920, 1038 and 1057. New Haven Inclusion Cases.
On writs of certiorari to the United States Court of Appeals for the
Second Circuit; and
Nos. 915, 917, and 921. New Haven Inclusion Cases.
Appeals
of
from the United States District Court for the Southern District
the
New York. Judgments of the United States District Court for
in Nos. 914,
District of Connecticut reviewed on writs of certiorari
1038 and 1057, affirmed in part and vacated in part and
916, 920,
remanded for further proceedings in conformity with the opinion of
this Court. Judgments of the United States District
Court for the
Southern District of New York appealed in Nos. 915, 917 and
921
the
vacated and remanded to the United States District Court
for
pending
Southern District of New York with instruction to abstain
the further proceedings before the Interstate
Commerce Commission
Opinion
and the reviewing courts under § 77 of the Bankruptcy Act.
Black with
by Mr. Justice Stewart. Dissenting opinion by Mr. Justice
whom Mr. Justice Harlan joins. Mr. Justice Douglas took no part m
the decision of these cases. Mr. Justice Marshall
and Mr. Justice
these cases.
Blackmun took no part in the consideration or decision of
MONDAY, JUNE 2 9, 19 70 492
Warden et al. Appeal from the United States District Court for the
District of Maryland. Judgment vacated and case remanded to the
United States District Court for the District of Maryland for recon-
sideration in light of the intervening legislation and the decision of
this Court in Williams v. Illinois, decided today. Opinion per curmm
announced by Mr. Chief Justice Burger. Concurring opinion of Mr.
Justice White with whom Mr. Justice Douglas, Mr. Justice Brennan
and Mr. Justice Marshall join. Mr. Justice Blackmun took no part in
the consideration or decision of this case.
MONDAY, JUNE 2 9, 19 70 493
No. 81. Eector Simmons, Jr., et ux., appellants, v. West Haven
Housing Authority. Appeal from the Appellate Division of the Cir-
cuit Court of Connecticut. Appeal dismissed. Opinion per curiam an-
nounced by Mr. Chief Justice Burger. Dissenting opinion by
Mr. Justice Douglas with whom Mr. Justice Marshall joins. Mr. Jus-
tice Blackmun took no part in the consideration or decision of this
case.
June 15, 1970. Opinion per curiam. The Chief Justice, Mr. Justice
Stewart, Mr. Justice White, and Mr. Justice Blackmun are of the
opinion that certiorari should be denied.
No. 88, Misc. Dennis Warren McQueary, petitioner, v. United
States.On petition for writ of certiorari to the United States Court of
Appeals for the Ninth Circuit. Motion for leave to proceed in forma
pauperis and petition for writ of certiorari granted. Judgment vacated
and case remanded to the Court of Appeals for further consideration
in light of Welsh v. United States, —
U.S. —
decided June 15, 1970.
,
Opinion per curiam. The Chief Justice, Mr. Justice Stewart, Mr.
Justice White, and Mr. Justice Blackmun are of the opinion that
certiorari should be denied.
No. 738, Misc. William Alan Callison, petitioner, v. United States.
On petition for writ of certiorari to the United States Court of
Appeals for the Ninth Circuit. Motion for leave to proceed in forma
pauperis and petition for writ of certiorari to the United States Court
of Appeals for the Ninth Circuit granted. Judgment vacated and case
remanded to the Court of Appeals for further consideration in light
of Welsh v. United States, —
U.S. —
decided June 15, 1970. Opinion
,
per curiam. The Chief Justice, Mr. Justice Stewart, Mr. Justice White,
and Mr. Justice Blackmun are of the opinion that certiorari should
be denied.
No. 801. E. P. Perini, etc., Dominic Colosimo. On
petitioner, v.
petition for writ of certiorari to the United States Court of Appeals
for the Sixth Circuit. Motion to dispense with printing petition and
motion of respondent for leave to proceed in forma pauperis granted.
Petition for writ of certiorari granted, judgment vacated and case
remanded to the Court of Appeals for further consideration in light
of Chambers v. Maroney, —U.S. —
(1970). Opinion per curiam.
Mr. Justice Harlan is of the opinion that certiorari should be denied.
However, the case having been taken for review, he would affirm the
judgment below for the reasons stated in his separate opinion in
Chambers v. Maroney, —U.S. —
(1970)
No. 936. Sherman H. Crouse, Warden, petitioner, v. William Nay
Wood. On petition for writ of certiorari to the United States Court
of Appeals for the Tenth Circuit. Motion of the respondent for leave
to proceed in forma pauperis and petition for writ of certiorari
granted. Judgment vacated and case remanded to Court of Appeals
for further consideration in light of Chambers v. Maroney, U.S.— —
(1970). Opinion per curiam. Mr. Justice Harlan is of the opinion
that certiorari should be denied. However, the case having been taken
390-278—70 118
MONDAY, JUNE 29, 19 70 495
for review, lie would judgment below for the reasons stated
affirm the
in his separate opinion in Chambers v. Maroney, U.S. —
(1970). —
No. 1032. Preston Dial and Billy H. Cunningham, appellants, v.
Richard Fontaine. Appeal from the United States District Court for
the Western District of Texas. The appeal is dismissed for want of
jurisdiction. Opinion per curiam. Mr. Justice Douglas dissents from
the dismissal of the appeal.
No. 1195. Carl Hocker, Warden, petitioner, v. James A. Hemey.
On petition for writ of certiorari to the United States Court of Ap-
peals for the Ninth Circuit. Motion of the respondent for leave to
proceed in forma pauperis and petition for writ of certiorari granted.
Judgment vacated and case remanded to the Court of Appeals for
further consideration in light of Chambers v. Maroney, U.S. — —
(1970) Opinion per curiam. Mr. Justice Harlan is of the opinion that
.
certiorari should be denied. However, the case having been taken for
review, he would affirm the judgment below for the reasons stated
in his separate opinion in Chambers v. Maronmj. —
U.S. —
(1970).
No. 1385. Reginald Hutcherson et al., appellants, v. Laurie Leh-
tin et Appeal from the United States District Court for the North-
al.
tion, Inc., et al. for leave to file a brief, as amici curiae, is granted.
Certiorari Granted
sents from the Court's order which reinstates the district court's judg-
ment. He would grant the motion to expedite action in this Court and
^
No. 2163, Misc. James William Hynes, aka James Burns, peti-
United States. Petition for writ of certiorari to the United
tioner, v.
States Court of Appeals for the Second Circuit denied.
No. 2175, Misc. Gary David Nelson, petitioner, v. United States.
Petition for writ of certiorari to the United States Court of Appeals
for the Ninth Circuit denied.
No. 105, Misc. Eobert Louis Jackson, petitioner, v. Georgia. Mo-
>
244, 255, dissenting opinion) would grant, vacate, and remand for re-
consideration in light of Coleman. Mr. Justice Harlan would grant
petition for writ of certiorari, vacate judgment of court below, and
remand to that court for further consideration in light of his con-
curring opinion in Coleman v. Alabama, 397 U.S. (1970). See —
dissenting opinion of Harlan, J. Desist v. United States, 394 U.S.
244,256 (1969).
No. 219, Misc. Virgil Lewis Turley, petitioner, v. Missouri. Peti-
tion for writ of certiorari to theSupreme Court of Missouri denied.
Mr. Justice Black and Mr. Justice Douglas, being of the view that
No. 72, Coleman v. Alabama, 397 U.S. —
should be retroactive in
,
this case (see Desist v. U.S., 394 U.S. 244, 255, dissenting opinion)
would grant, vacate, and remand for reconsideration in light of Cole-
man. Mr. Justice Harlan would grant petition for writ of certiorari
vacate judgment of court below, and remand to that court for fur-
ther consideration in light of his concurring opinion in Coleman v.
Alabama, 397 U.S. —
(1970). See Dissenting opinion of Harlan, J.
Desist v. United States, SMTJ.S. 244,256 (1969).
No. 509, Misc. Frank Edward Wetzel, petitioner, v. North Caro-
lina. Petition for writ of certiorari to the United States Court of Ap-
peals for the Fourth Circuit denied. Mr. Justice Black and Mr. Justice
Douglas, being of the view that No. 72, Coleman v. Alabama, 397
U.S. — , should be retroactive in this case (see Desist v. U.S., 394 U.S.
244, 255, dissenting opinion) would grant, vacate, and remand for
reconsideration in light of Coleman. Mr. Justice Harlan would grant
petition for writ of certiorari, vacate judgment of court below, and
remand to that court for further consideration in light of his con-
curring opinion in Coleman v. Alabama, 397 U.S. —
(1970). See dis-
senting opinion Harlan, J. Desist v. United States, 394 U.S. 244, 256
(1969).
MONDAY, JUNE 2 9, 19 70 508
rehearing, motions and other petitions filed in this case denied. Mr.
Justice Harlan and Mr. Justice Stewart would call for responses to
petitions for rehearing and to other motions and petitions referred to
in this Court's order. Mr. Justice Brennan, Mr. Justice White and
Mr. Justice Marshall took no part in the consideration or decision of
this order.