Decisions Per Curiam, Etc. 317 U.S. October 12, 1942. Per Curiam: The judgment is affirmed. Mr. Charles E. Cotterill for appellants. Reported below: 42 F. Supp. 215. No. 128. GURNEY ET AL. v. FERGUSON ET AL. Appeal from the Supreme Court of Oklahoma. October 12, 1942. Per Curiam: The appeal is dismissed for want of jurisdiction. § 237 (a), Judicial Code, as amended, 28 U. S. C., § 344 (a). Treating the papers whereon the appeal was allowed as a petition for writ of certiorari as required by § 237 (c) of the Judicial Code as amended, 28 U. S. C., § 344 (c), certiorari is denied. Messrs. W. F. Wilson, M. A. Ned Looney, and T. Austin Gavin for appellants. Reported below: 190 Okla. 254, 122 P. 2d 1002. No. 129. TENNESSEE OIL Co. v. McCANLESS, COMMISSIONER OF FINANCE AND TAXATION. Appeal from the Supreme Court of Tennessee. October 12, 1942. Per Curiam: The motion to dismiss is granted and the appeal is dismissed for want of a properly presented federal question. Fullerton v. Texas, 196 U. S. 192; Rooker v. Fidelity Trust Co., 261 U. S. 114. Mr. Cecil Sims for appellant. Messrs. Roy H. Beeler, Attorney General of Tennessee, and William F. Barry, Solicitor General, for appellee. Reported below: 178 Tenn. 328, 162 S. W. 2d 1081. No. 160. CHELTENHAM & ABINGTON SEWERAGE Co. v. PENNSYLVANIA PUBLIC UTILITY COMMISSION ET AL. Appeal from the Supreme Court of Pennsylvania; and No. 169. PENNSYLVANIA PUBLIC UTILITY COMMISSION v. CHELTENHAM & ABINGTON SEWERAGE CO. On petition for writ of certiorari to the Supreme Court of Pennsylvania. October 12, 1942. Per Curiam: In No. 160 the appeal is dismissed, and in No. 169 the petition for writ of 317 U.S. Decisions Per Curiam, Etc. certiorari is denied, for want of a final judgment. Grays Harbor Logging Co. v. Coats-Fordney Co., 243 U. S. 251; Wick v. Superior Court, 278 U. S. 575. Mr. George Henry Huft for appellant in No. 160 and respondent in No. 169. Mr. Thomas A. Foulke for Benjamin H. Davis et al., appellees in No. 160. Messrs. Claude T. Reno, Harry M. Showalter, Samuel Graff Miller, and Herbert S. Levy for the Pennsylvania Public Utility Commission. Reported below: 344 Pa. 366, 25 A. 2d 334. No. 174. PEAK v. CALIFORNIA. Appeal from the Superior Court of California. October 12, 1942. Per Curiam: The motion to dismiss is granted and the appeal is dismissed for want of jurisdiction. § 237 (a), Judicial Code, as amended, 28 U. S. C., § 344 (a). The petition for writ of certiorari is denied. The motion for leave to proceed further in forma pauperis is denied. George Peak, pro se. No. 192. ToYE BROS. YELLOW CAB Co. v. COOPERATIVE CAB CO., INC., ET AL. Appeal from the Supreme Court of Louisiana. October 12, 1942. Per Curiam: The motion to dismiss is granted and the appeal is dismissed for want of a properly presented federal question. Fullerton v. Texas, 196 U. S. 192; Rooker v. Fidelity Trust Co., 261 U. S. 114. Mr. Eberhard Deutsch for appellant. Mr. Francis P. Burns for appellees. Reported below: 199 La. 1063, 7 So. 2d 353. No. 238. MARTIN V. CITY OF STRUTHERS. Appeal from the Supreme Court of Ohio. October 12, 1942. Per Curiam: The appeal is dismissed on the ground that the record does not show that the federal question presented was properly preserved on appeal to the Court of Appeals Decisions Per Curiam, Etc. 317 U.S. of Ohio. Hiawassee River Power Co. v. Carolina-Tennessee Co., 252 U. S. 341, 343-44. Messrs. Hayden C. Covington and Victor F. Schmidt for appellant. Reported below: 139 Ohio St. 372, 40 N. E. 2d 154. No. 244. MONKS v. LEE ET AL. Appeal from the District Court of Appeal, 4th Appellate District, of California. October 12, 1942. Per Curiam: The motion to dismiss is granted and the appeal is dismissed on the ground that it does not appear from the record that the appeal was applied for within the time provided by law. § 8 (a), Act of February 13, 1925 (43 Stat. 936, 940), 28 U. S. C., § 350. Messrs. L. R. Kirby, Herbert S. Avery, and John Coker for appellant. Mr. William P. Cary for appellees. Reported below: 48 Cal. App. 2d 603, 120 P.2d 167. No. 258. CLARK ET AL. V. DOYLE, EXCISE ADMINISTRATOR, ET AL. Appeal from the Supreme Court of Indiana. October 12, 1942. Per Curiam: The motion to dismiss is granted and the appeal is dismissed for want of a substantial federal question. (1) Gorin v. United States, 312 U. S. 19, 27; (2) Eberle v. Michigan, 232 U. S. 700, 706. Messrs. Lloyd D. Claycombe and Albert Stump for appellants. Mr. Urban C. Stover, Deputy Attorney General of Indiana, for appellees. Reported below: 41 N.E. 2d 949. No. 280. GENERAL MOTORS ACCEPTANCE CORPORATION ET AL. v. HULBERT, COUNTY ASSESSOR OF CANADIAN COUNTY. Appeal from the Supreme Court of Oklahoma. October 12, 1942. Per Curiam: The appeal is dismissed for want of a substantial federal question. Columbus Southern Railway Co. v. Wright, 151 U. S. 470, 478–83; General American Tank Car Corp. v. Day, 270 U. S. 367, 317 U.S. Decisions Per Curiam, Etc. 372. The CHIEF JUSTICE took no part in the consideration or decision of this case. Mr. D. I. Johnston for appellants. Messrs. Mac Q. Williamson, Attorney General of Oklahoma, and Randell S. Cobb for appellee. Reported below: 190 Okla. 578, 125 P. 2d 975. No. 317. MORRIS PLAN INDUSTRIAL BANK V. GRAVES ET AL., CONSTITUTING THE STATE TAX COMMISSION. Appeal from the Supreme Court of New York. October 12, 1942. Per Curiam: The motion to dismiss is granted and the appeal is dismissed for want of a substantial federal question. First National Bank v. Louisiana Tax Commission, 289 U. S. 60, 62-64. The CHIEF JUSTICE took no part in the consideration or decision of this case. Mr. R. Randolph Hicks for appellant. Messrs. John J. Bennett, Jr., Attorney General of New York, and Wendell P. Brown, Assistant Attorney General, for appellees. Reported below: 261 App. Div. 1018, 26 N. Y. S. 2d 854; 288 N. Y. 567, 42 N. E. 2d 22. No. 359. C. I. T. CORPORATION ET AL. V. STONE, CHAIRMAN, STATE TAX COMMISSION, ET AL.; No. 360. UNIVERSAL CREDIT CO. ET AL. v. STONE, STATE TAX COMMISSION, ET AL.; and No. 361. YELLOW MANUFACTURING ACCEPTANCE CORP. ET AL. V. STONE, CHAIRMAN, STATE TAX COMMISSION, ET AL. Appeals from the Supreme Court of Mississippi. October 12, 1942. Per Curiam: The motions to affirm are granted and the judgments are affirmed. Wisconsin v. J. C. Penney Co., 311 U. S. 435, 443–445; Bristol v. Washington County, 177 U. S. 133; Savings & Loan Society v. Multnomah County, 169 U. S. 421; Curry v. McCanless, 307 U. S. 357, 365-68. Messrs. William H. Watkins and P. H. Eager, Jr. for appellants. Mr. John Thomas Smith Decisions Per Curiam, Etc. 317 U.S. was with them on the brief in No. 361. Messrs. Greek L. Rice, Attorney General of Mississippi, and J. H. Sumrall for appellees. Reported below: 193 Miss. 338, 344, 354; 7 So. 2d 811, 820. No., Original. EX PARTE ELMER E. DAVIS. October 12, 1942. Per Curiam: It appears that petitioner has an application for a writ of error coram nobis pending in the Circuit Court of Vigo County, Indiana. He alleges that that court has not taken any action upon his application. It does not appear that petitioner has exhausted his remedies in the state courts to obtain a determination, which would be a reviewable judgment. The motion for leave to file a petition for writ of habeas corpus is therefore denied without prejudice. No., Original. EX PARTE JOHN BOTWINSKI; No., Original. EX PARTE JOE CEPHUS GRAY; No., Original. EX PARTE JOSEPH BEMATRE; No., Original. EX PARTE CHARLES E. PHILLIPS; No., Original. EX PARTE ALFRED MAURICE; No. —, Original. EX PARTE DONALD FLOWERS; and No., Original. EX PARTE ALBERT SMITH. October 12, 1942. The motions for leave to file petitions for writs of habeas corpus are denied. No.-. EX PARTE JAMES R. ALLEN. October 12, 1942. Application denied. No. 1. CARTER OIL Co. v. WELKER ET AL. Certiorari, 311 U.S. 633, to the Circuit Court of Appeals for the Seventh Circuit. October 19, 1942. Per Curiam: The judgment is reversed, per stipulation, on the authority of Tallman v. Eastern Illinois & Peoria R. Co., 379 Ill. 441, 41 N. E. 2d |