GENERAL ELECTRIC CO. v. LOCAL UNION 191, INTERNATIONAL UNION OF ELECTRICAL, RADIO & MACHINE WORKERS (AFL-CIO), ET AL.

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 701. Decided June 15, 1970

Certiorari granted; 413 F. 2d 964, vacated and remanded.

PER CURIAM.

The petition for a writ of certiorari is granted, the judgment is vacated and the case is remanded to the Court of Appeals for further consideration in light of Boys Markets v. Retail Clerks Union, ante, p. 235.

MR. JUSTICE BLACK and MR. JUSTICE DOUGLAS dissent.

MR. JUSTICE MARSHALL took no part in the consideration or decision of this case.

REPORTER'S NOTE

The next page is purposely numbered 901. The numbers between 436 and 901 were intentionally omitted, in order to make it possible to publish the orders in the current preliminary prints of the United States Reports with permanent page numbers, thus making the official citations immediately available.

Commencing with this volume of the United States Reports, counsel listings will be published only in connection with argued cases and not in connection with orders, decisions per curiam in unargued cases, or in-chambers dispositions.

ORDERS FROM MAY 18 THROUGH

Affirmed on Appeal

JUNE 19, 1970

MAY 18, 1970*

No. 1387. WELLS v. ROCKEFELLER, GOVERNOR OF NEW YORK, ET AL. Appeal from D. C. S. D. N. Y. Judgment affirmed. Reported below: 311 F. Supp. 48.

Appeals Dismissed

No. 1145. INZITARI V. CONNECTICUT. Appeal from Sup. Ct. Conn. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.

No. 1338. FRANKLIN V. FUKUOKA, JUDGE. Appeal from Sup. Ct. Hawaii dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.

No. 1343. BLINCOE ET UX. v. FORSYTHE. Appeal from Ct. App. Cal., 2d App. Dist. Motion to dispense with printing jurisdictional statement granted. Appeal dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.

No. 1828, Misc. NIEDER V. FULLERTON, TRUSTEE, ET AL. Appeal from Sup. Ct. N. J. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.

*[REPORTER'S NOTE: As of May 18, 1970, the Court has adopted a change in procedure for summarily disposing of certain unargued appeals by order instead of per curiam. Accordingly, two new categories of orders now appear in the United States Reports, viz., Affirmed on Appeal and Appeals Dismissed. Per curiam dispositions will continue to be published with the Court's opinions. Cross references (such as are used in connection with certiorari orders) will not be used for appellate dispositions.]

901

May 18, 1970

398 U.S.

Miscellaneous Orders

No. 1302. FINCH, SECRETARY OF HEALTH, EDUCATION, AND WELFARE v. PERALES. C. A. 5th Cir. [Certiorari granted, 397 U. S. 1035.] Motion of respondent for the appointment of counsel granted. It is ordered that Richard Tinsman, Esquire, of San Antonio, Texas, a member of the Bar of this Court, be, and he is hereby, appointed to serve as counsel for respondent in this case.

No. 1389. MAYBERRY V. PENNSYLVANIA. Sup. Ct. Pa. [Certiorari granted, 397 U. S. 1020.] Order of this Court dated April 27, 1970, [see 397 U. S. 1060, Reporter's Note] appointing Ralph S. Spritzer, Esquire, as counsel for petitioner in this case is hereby revoked. It is ordered that Curtis R. Reitz, Esquire, of Philadelphia, Pennsylvania, a member of the Bar of this Court, be, and he is hereby, appointed to serve as counsel for petitioner in this case.

No. 912, Misc. BROOKE V. FOLEY, CHIEF JUDGE, U. S. DISTRICT COURT;

No. 1782, Misc. DANIELS v. CHAMBERS, U. S. CIRCUIT Judge, et al.; and

No. 1869, Misc. SMITH v. SUPREME COURT OF OHIO ET AL. Motions for leave to file petitions for writs of mandamus denied.

No. 1905, Misc. O'BRYAN v. BATTISTI, U. S. DISTRICT JUDGE. Motion for leave to file petition for writ of prohibition and/or mandamus denied.

Probable Jurisdiction Noted

No. 1370. COATES ET AL. v. CITY OF CINCINNATI. Appeal from Sup. Ct. Ohio. Probable jurisdiction noted. Reported below: 21 Ohio St. 2d 66, 255 N. E. 2d 247.