308 U.S. Decisions Per Curiam, Etc. 936, 937). Treating the papers whereon the appeal was allowed as a petition for writ of certiorari as required by § 237 (c), Judicial Code, as amended (43 Stat. 936, 938), certiorari is granted. Mr. Terrell Marshall for petitioner. Mr. W. L. Pope for respondents. Reported below: 198 Ark. 91; 127 S. W. 2d 802. No. 239. FISCHER v. PAULINE OIL & GAS Co. Appeal from the Supreme Court of Oklahoma. October 9, 1939. The appeal is dismissed for want of jurisdiction. Section 237 (a), Judicial Code, as amended by the Act of February 13, 1925 (43 Stat. 936, 937). Treating the papers whereon the appeal was allowed as a petition for writ of certiorari as required by § 237 (c), Judicial Code, as amended (43 Stat. 936, 938), certiorari is granted. Mr. Claude H. Rosenstein for appellant. Mr. Charles E. France for appellee. Reported below: 185 Okla, 108; 90 P. 2d 411. No. 8. ZIFFRIN, INC. v. MARTIN, COMMISSIONER OF REVENUE OF KENTUCKY, ET AL. Appeal from the District Court of the United States for the Eastern District of Kentucky. October 12, 1939. H. Clyde Reeves, Commissioner of Revenue of Kentucky, Member of Kentucky Tax Commission and Member of Kentucky State Alcoholic Beverage Control Board, substituted as a party appellee in the place and stead of James W. Martin, formerly Commissioner of Revenue of Kentucky, etc., per stipulation of counsel, on motion of Mr. Norton L. Goldsmith for the appellant. Reported below: 24 F. Supp. 924. Nos., BESS v. WEST VIRGINIA. October 16, 1939. The petitions for the allowance of appeals, referred by the CHIEF JUSTICE to the Court, are denied. Decisions Per Curiam, Etc. 308 U.S. No. -. IN THE MATTER OF THE COMPLAINT OF EDMOND C. FLETCHER. October 16, 1939. Motion of Edmond C. Fletcher for leave to file complaint denied. No., original. EX PARTE JOHN WILSON. October 16, 1939. Motion for leave to file petition for writ of habeas corpus denied. No. 10, original. TEXAS v. NEW MEXICO ET AL. October 16, 1939. The Special Master having presented his final report stating that the cause has been settled, it is ordered, adjudged, and decreed as follows: 1. The report of the Special Master is received, filed, and confirmed. 2. The bill of complaint is dismissed. 3. The Special Master is directed to return to the proper parties the original copies of the record of the testimony and the exhibits introduced into evidence before him. 4. Costs, including the compensation and expenses of the Special Master, shall be paid one-half by the State of Texas and one-half by the State of New Mexico and the Middle Rio Grande Conservancy District, the State of Texas to be reimbursed by the State of New Mexico and the Middle Rio Grande Conservancy District to the extent of one-half of all sums heretofore disbursed by it on account of expenses of the Special Master. (Earlier phases of this litigation are reported in 296 U.S. 547; 297 U. S. 693, 698; 298 U. S. 639, 644; 300 U. S. 645; 302 U. S. 658; 304 U. S. 551.) No. 431. HOEY, DOING BUSINESS AS MIDLAND SERVICE Co. v. UNITED STATES ET AL. Appeal from the District Court of the United States for the Northern District of 308 U.S. Decisions Per Curiam, Etc. Illinois. October 23, 1939. Per Curiam: The motion for a stay is denied. The decree is affirmed. Interstate Commerce Comm'n v. Union Pacific R. Co., 222 U. S. 541, 547-548; Los Angeles Switching Case, 234 U. S. 294, 311312; United States v. American Tin Plate Co., 301 U. S. 402, 411. Mr. Lloyd C. Whitman for appellant. Messrs. Daniel W. Knowlton and Edward M. Reidy for appellees. No. 406. ALLEN v. ILLINOIS. Appeal from the Supreme Court of Illinois; and No. 448. GENDUSA v. LOUISIANA. Appeal from the Supreme Court of Louisiana. October 23, 1939. Per Curiam: The appeals are dismissed for want of jurisdiction. Section 237 (a), Judicial Code, as amended by the Act of February 13, 1925 (43 Stat. 936, 937). Treating the papers whereon the appeals were allowed as petitions for writs of certiorari, as required by § 237 (c) of the Judicial Code, as amended (43 Stat. 936, 938), certiorari is denied. The motions for leave to proceed further in forma pauperis are also denied. Mr. Wm. Scott Stewart for appellant in No. 406. Mr. M. C. Scharff for appellant in No. 448. No appearance for appellees. Reported below: No. 406, 368 Ill. 368; 14 N. E. 2d 397; and No. 448, 193 La. 59; 190 So. 332. No.-, original. EX PARTE LOUIS MARTINI. October 23, 1939. Motion for leave to file petition for writ of habeas corpus denied. No. 9, original. ARKANSAS v. TENNESSEE. October 23, 1939. The report of the Special Master herein is received and ordered to be filed. It is ordered that exceptions to the said report, if any, be filed on or before November 20, next; that briefs upon such exceptions be filed Decisions Per Curiam, Etc. 308 U.S. on or before December 18; and that reply briefs, if any, be filed on or before January 2. The cause is assigned for hearing on Monday, January 8, next, at the head of the call for that day. No. 2. HELVERING, COMMISSIONER OF INTERNAL REVENUE, v. BANDINI PETROLEUM Co.; and No. 3. SAME v. WILSHIRE ANNEX OIL Co. Certiorari, 306 U. S. 628, to the Circuit Court of Appeals for the Ninth Circuit. November 6, 1939. Judgments reversed, per stipulation of counsel to abide the decision in Helvering, Commissioner of Internal Revenue, v. Wilshire Oil Co., ante, p. 90. Solicitor General Jackson for petitioner. Mr. Joseph D. Brady for respondents. Reported below: 95 F. 2d 971. No. 31. TEXAS ELECTRIC RAILWAY Co. v. EASTUS, UNITED STATES ATTORNEY, ET AL. Appeal from the District Court of the United States for the Northern District of Texas. Argued October 20, 1939. Decided November 6, 1939. Per Curiam: The judgment is affirmed. Shields v. Utah Idaho Central R. Co., 305 U. S. 177; Interstate Commerce Comm'n v. Union Pacific R. Co., 222 U. S. 541, 547-548; Los Angeles Switching Case, 234 U. S. 294, 311-312; United States v. American Tin Plate Co., 301 U. S. 402, 411. Messrs. J. M. Burford and Robert E. Quirk, with whom Mr. C. D. Cass was on the brief, for appellant. Mr. Robert L. Stern, with whom Solicitor General Jackson, Assistant Attorney General Arnold, and Messrs. Daniel W. Knowlton and Nelson Thomas were on the brief, for appellees. Reported below: 25 F. Supp. 825. No. 43. UNITED STATES V. JOHN MCSHAIN, INC. Certiorari, 307 U. S. 619, to the Court of Claims. Argued 308 U.S. Decisions Per Curiam, Etc. October 20, 1939. Decided November 6, 1939. Per Curiam: The judgment is reversed, and the cause is remanded to the Court of Claims with instructions to enter judgment in favor of the United States. Plumley v. United States, 226 U. S. 545, 547; Merrill-Ruckgaber Co. v. United States, 241 U. S. 387, 393. Mr. Richard H. Demuth, with whom Solicitor General Jackson, Assistant Attorney General Shea, and Messrs. Paul A. Sweeney and Charles A. Horsky were on the brief, for the United States. Mr. Prentice E. Edrington, with whom Mr. Herman J. Galloway was on the brief, for respondent. Reported below: 88 Ct. Cls. 284. Order amended, post, p. 520. No. 388. GRAYBAR ELECTRIC CO. ET AL. v. CURRY, COMMISSIONER OF REVENUE, ET AL. Appeal from the Supreme Court of Alabama. November 6, 1939. Per Curiam: The motion to affirm is granted and the judgment is affirmed. Banker Bros. v. Pennsylvania, 222 U. S. 210; Wiloil Corporation v. Pennsylvania, 294 U. S. 169. Mr. L. D. Gardner, Jr. for appellants. Messrs. Thomas S. Lawson, Attorney General of Alabama, and John W. Lapsley, Assistant Attorney General, for appellees. Reported below: 238 Ala. 116; 189 So. 186. No. 396. W. T. CARTER & BROS. ET AL. v. SHORT ET AL Appeal from the Supreme Court of Texas. November 6, 1939. Per Curiam: The motion to dismiss is granted and the appeal is dismissed for want of a properly presented substantial federal question. (1) Godchaux Co. v. Estopinal, 251 U. S. 179; Rooker v. Fidelity Trust Co., 261 U. S. 114, 117; Herndon v. Georgia, 295 U. S. 441, 443; (2) Compare Litchfield v. Register, 9 Wall. 575, 577–578; Minnesota v. Lane, 247 U. S. 243, 250; Lane v. Darling |