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278 U.S.

Decisions Denying Certiorari.

October 8, 1928.

No. 191. BARNES v. UNITED STATES.
Petition for writ of certiorari to the Circuit Court of
Appeals for the Eighth Circuit denied. Messrs. M. H.
Boutelle and A. H. David for petitioner. Solicitor Gen-
eral Mitchell, Assistant Attorney General Luhring, and
Mr. Harry S. Ridgely for the United States.

No. 192. COUNTY OF DELAWARE, PENNSYLVANIA, V. UNITED STATES SHIPPING BOARD EMERGENCY FLEET CORPORATION; and

No. 193. SCHOOL DISTRICT OF TINICUM TOWNSHIP, PENNSYLVANIA, v. UNITED STATES SHIPPING BOARD EMERGENCY FLEET CORPORATION. October 8, 1928. Petition for writs of certiorari to the Circuit Court of Appeals for the Third Circuit denied. Mr. Donald S. Edmonds for petitioners. Solicitor General Mitchell, Assistant Attorney General Farnum, and Mr. J. Frank Staley for respondent.

No. 197. SALISBURY V. ATCHISON, TOPEKA & SANTA FE R. Co. October 8, 1928. Petition for writ of certiorari to the Supreme Court of the State of Kansas denied. Messrs. J. H. Brady, T. F. Railsback, and J. Francis O'Sullivan for petitioner. No appearance for respondent.

No. 198. KARNUTH, DIRECTOR OF IMMIGRATION, ET AL. v. UNITED STATES, EX REL. ALBRO. October 8, 1928. Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied. Solicitor General Mitchell for petitioners. Messrs. Preston M. Albro, Charles D. Council, and George W. Offutt for respondent. See ante p. 594.

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OCTOBER TERM, 1928.

Decisions Denying Certiorari.

278 U.S.

No. 200. LECRONE, RECEIVER, V. UNITED STATES. October 8, 1928. Petition for writ of certiorari to the Court of Claims denied. Messrs. George N. Baxter and Thomas Sterling for petitioner. Solicitor General Mitchell, Assistant Attorney General Galloway, and Mr. Percy M. Cox for the United States.

FIRE INSURANCE Co. v.
Petition for writ of certio-

No. 201. UNITED STATES SULLIVAN. October 8, 1928. rari to the Circuit Court of Appeals for the Eighth Circuit denied. Mr. Frederick D. Silber for petitioner. Messrs. Clement L. Waldron, Harry Silverman, and L. Ross Newkirk for respondent.

No. 204. U. S. INDUSTRIAL CHEMICAL CO. ET AL. . THEROZ CO. October 8, 1928. Petition for writ of certiorari to the Circuit Court of Appeals for the Fourth Circuit denied. Messrs. Charles E. Hughes, F. P. Warfield, Hersey Egginton, and Lawrence Bristol for petitioners. Mr. Livingston Gifford for respondent.

No. 211. OREGON EX REL. VAN WINKLE, ATTORNEY GENERAL, V. SIEGMUND, COUNTY JUDGE. October 8, 1928. Petition for writ of certiorari to the Supreme Court of the State of Oregon denied. Messrs. I. H. Van Winkle and Willis S. Moore for petitioner. Messrs. Irvine L. Lenroot, John H. Carson, and Guy Cordon for respondent.

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No. 212. WALLENSTEIN ET AL. v. UNITED STATES. tober 8, 1928. Petition for writ of certiorari to the Circuit Court of Appeals for the Third Circuit denied. Mr. Edward P. Stout for petitioners. Solicitor General

278 U.S.

Decisions Denying Certiorari.

Mitchell and Assistant Attorney General Mabel Walker Willebrandt for the United States.

No. 213. STEIDLE, ADMINISTRATOR, V. READING CO. October 8, 1928. Petition for writ of certiorari to the Circuit Court of Appeals for the Third Circuit denied. Mr. Charles A. Ludlow for petitioner. Mr. Edward L. Katzenbach for respondent.

No. 214. MATTHEISSEN V. UNITED STATES. October 8, 1928. Petition for writ of certiorari to the Court of Claims denied. Messrs. S. M. Rinaker and M. F. Gallagher for petitioner. Solicitor General Mitchell, Assistant Attorney General Galloway, and Messrs. Gardner P. Lloyd and Fred K. Dyar for the United States.

No. 215. JAMES A. SACKLEY Co. v. UNITED STATES. October 8, 1928. Petition for writ of certiorari to the Court of Claims denied. Messrs. Wm. M. Williams and Matthias Concannon for petitioner. Solicitor General Mitchell, Assistant Attorney General Galloway, and Mr. Fred K. Dyar for the United States.

No. 216. C. B. COTTRELL & SONS Co. v. CLAYBOURN PROCESS CORP'N. October 8, 1928. Petition for writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit denied. Mr. E. C. Seward for petitioner. Mr. Louis Quarles for respondent.

No. 218. RUBIN v. MIDLINSKY. October 8, 1928. Petition for writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit denied. Mr. Jacob G. Grossberg for petitioner. Mr. Frederick D. Silber for respondent.

Decisions Denying Certiorari.

278 U.S.

No. 221. ALEXANDER ECCLES & Co. v. STRACHAN SHIPPING CO. October 8, 1928. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied. Mr. Edward C. Brennan for petitioner. Messrs. Samuel B. Adams and A. Pratt Adams for respondent.

No. 222. PAN AMERICAN PETROLEUM & TRANSPORT Co. V. STEAMSHIP " VIRGINIA," ET AL. October 8, 1928. Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied. Messrs. Chauncey I. Clark and Frederic Conger for petitioner. Mr. James K. Symmers for respondents.

No. 223. WASHINGTON AND OLD DOMINION RY. v. McPHERSON. October 8, 1928. Petition for writ of certiorari to the Court of Appeals of the District of Columbia denied. Mr. Wilton J. Lambert for petitioner. Mr. Crandal Mackey for respondent.

No. 224. NORTHERN OKLAHOMA RYS. ET AL. v. MISSOURIKANSAS-TEXAS R. R. Co. October 8, 1928. Petition for writ of certiorari to the Circuit Court of Appeals for the Eighth Circuit denied. Mr. Guy Patten for petitioners. Messrs. Joseph M. Bryson, Charles S. Burg, and Maurice D. Green for respondent.

No. 351. NATIONAL SURETY CO. ET AL. V. JARVIS, TREASURER. October 8, 1928. The petition for a writ of certiorari to a decree of the Circuit Court of Appeals for the Ninth Circuit is denied. The brief of counsel for the respondent in this case contains language of which complaint is made by opposing counsel for the petitioners. The brief for the respondent betrayed great impatience at the language and claims of the petitioners' brief, and

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278 U.S.

Decisions Denying Certiorari.

urged penalty for delay thereby caused. An examination of petitioners' brief shows no words like those complained of, and yet the respondent characterizes them most severely. Because no page references are made by respondent's counsel to the record in accord with the rules, to sustain his criticism, and because the brief of petitioners complained of does not contain the words criticized, we deem it proper to animadvert upon the bad temper and recklessness of respondent's counsel in making such unsupported statements. We must insist that arguments in this Court, either oral or written, though often properly in sharp controversy, shall be gracious and respectful to both the Court and opposing counsel, and be in such words as may be properly addressed by one gentleman to another.

The brief of respondent in this case is ordered to be stricken from the files as not printed in accordance with the rules, and also for the reasons stated.

Suggestion has been made that there should be issued against the author of the offending brief in this case a rule to show cause why he should not be committed for contempt, but it is thought that this expression of the Court will be sufficient to prevent recurrence. Messrs. Henderson Stockton and Thomas A. Flynn for petitioners. Mr. Isaac Barth for respondent.

No. 227. BALLARD & BALLARD Co. v. MUNSON STEAMSHIP LINE. October 15, 1928. Petition for writ of certiorari to the Circuit Court of Appeals for the Sixth Circuit denied. Mr. James Garnett for petitioner. Mr. Cletus Keating for respondent.

No. 228. JOHNSON ET AL. v. UNITED STATES. October 15, 1928. Petition for writ of certiorari to the Court of Claims denied. Mr. Paul F. Myers for petitioners. So

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