October Term, 1954
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: : 1 OCTOBER TERM, 1954 STATISTICS Miscella- Original Appellate Total neous Number of cases on dockets __ 11 843 712 1, 566 Cases disposed of _ _ 0 721 640 1,361 Remaining on dockets 11 122 72 205 Cases disposed of—Appellate Docket By written opinions 86 By per curiam opinions 99 By motion to dismiss or per stipulation (merit cases) 4 By denial or dismissal of petitions for certiorari 532 Cases disposed of—Miscellaneous Docket By written opinion 0 By per curiam opinions 3 By denial or dismissal of petitions for certiorari 494 By denial or withdrawal of other applications 126 By dismissal of appeals 8 By transfer to Appellate Docket 9 Number of written opinions 78 Number of printed per curiam opinions 2 Number of petitions for certiorari granted 120 Number of appeals in which jurisdiction was noted or post- poned 18 Number of admissions to bar (262 admitted Apr. 25) 2, 279 REFERENCE INDEX Page Court convened October 4. Vinson, C. J., resolutions of the Bar presented (Oct. 25) 45 Jackson, J., death of (Oct. 9, 1954) announced 4 Resolutions of the Bar presented (April 4) 182 Harlan, J., commission read and oath taken (March 28) 164 Roberts, J. (resigned), death of (May 17, 1955) announced 254 Frankfurter, J., temporarily assigned to Second Circuit 88 Allotment of Justices 204 313093—55 79 : : II Page Sound amplifying equipment installed in Courtroom on trial basis and used throughout the term Announcement of four-day argument week beginning next term 284 Court adjourned early because of hurricane warning (Oct. 15) _ 35 Conference room session 61 Attorney Change of name 84 Order of disbarment set aside (In re Isserman, 5 Misc.) 7 Rules to show cause why judgments for costs should not be entered (Jones et al.) 176,283 Counsel appointed (468, 815) (See amicus curiae) 116,272 Special Master Motions referred to (9 and 10 Orig.) 9, 143 Compensation awarded (11 Orig.) 256 Rules of Supreme Court—Rule 41 (1) amended so as to require filing of petitioner's or appellant's brief 45 days after case taken, where copies of record can be furnished 284 Opinion amended (153) 220 Order modified (250 Misc.) 120 Judgment announced—no opinion of the Court (51) 167 Judgments affirmed by equally divided Court (28, 157, 213) __ 75, 208 Judgment vacated on jurisdictional statement and case re- manded with directions to dismiss as moot (508) 138 Judgment reversed on jurisdictional statement on authority of recent case (320-322) 218 Judgment state court vacated on jurisdictional statement, case moot (111) 8 Judgment vacated and case remanded with directions to dismiss petition for habeas corpus as moot (118) 63 Judgment vacated on petition for certiorari and case remanded with directions to dismiss as moot (604) (581 Misc.) 218,272 Judgment vacated on petition for certiorari and case remanded to Court of Appeals for reconsideration in light of order of Corp. Comm. of Oklahoma (274) 63 Judgment vacated on petition for certiorari and case remanded "for disposition agreeable to the representation of counsel for respondents" (427) 93 Judgment vacated in series of cases on petition for certiorari and cases remanded to Court of Appeals for consideration in light of "net worth decisions" (12 etc.) 102 Judgment vacated on petition for certiorari upon consideration of confession of error and examination of record (31 Misc.) _ 128 Judgment vacated on petition for certiorari and earlier judg- ment reinstated (534) 156 : in Page Judgment vacated on petition for certiorari and case remanded to Court of Appeals for consideration of certain question (644) 237 Judgment vacated on petition for certiorari and case remanded for new trial in accordance with the Government's suggestion (663) 264 Judgment state court reversed on petition for certiorari (567) _ 161 Judgment reversed on petition for certiorari (88, 530, 525) 7, 143, 156 Judgment reversed on petition for certiorari and case remanded with directions to dismiss indictment (416) 93 Judgment reversed on petition for certiorari and cases re- manded for retrial "in the interests of justice and in the exer- cise of the supervisory powers of this Court" (538, 548) 161 Judgment reversed on petition for certiorari citing recent de- cisions (450 etc.) 168 Judgment reversed on petition for certiorari on consideration of confession of error and authority of recently decided case (595) 236 Order of Court of Appeals reversed on petition for certiorari "insofar as it denies petitioners leave to proceed in forma pauperis" citing Adkins v. DuPont, 335 U. S. 331 (327 Misc.) 129 Amicus curiae : Solicitor General invited to argue (357, 236) 65, 144 Solicitor General invited to file brief (220, 186, 236) 10, 13 Argued with consent of party (20, 53, 97, 184, 367) 40,224, 73, 125, 151, 152 Invited to argue in support of judgment (261, see opinion) _ 85 Invited to argue on behalf of petitioner (412, see opinion) _ 156 Leave to file brief granted (131, 406, 357, 394) 116, 129, 169 Leave to file brief denied with two justices dissenting (157) 144 Six states and the United States argued as amici curiae in school segregation cases 213 Case called to attention of National Mediation Board with Court expressing "its readiness to accept any brief it might wish to submit" (131) 116 Argument pro hac vice (119) 71 Argument Motion to postpone granted (301) 138 Court declined to hear further argument (368) 153 Motion to remove from summary calendar granted (417) __ 169 Twelve and one-half hours in school segregation cases 211 Case ordered argued after submission on briefs (261) 78, 85 : : IV Argument—Continued Page Cases continued "in view of absence of a full Court" (school segregation cases) 85 No cases heard from Nov. 18 to Jan. 31 due to operation of new rules. Reargument ordered (20, 157, 213, 150) 76,246,272 Brief: Motion to strike opposition for reason of late filing granted (166) 24 Motion to strike because two cases consolidated, denied (191 and 321) 138 Memoranda requested after argued case considered in con- ference (387) 237 Damages—motion for, denied (79 Misc., 581) 93,202 In forma pauperis—motion to so proceed granted and certiorari denied in case where court below had denied leave to proceed in forma pauperis (541 Misc.) (see also 327 Misc., page 129) _ 275 Veteran—motion to proceed as, granted (246) 57 Motion to clarify and define assignments of error denied (162)_ 9 Motion as to printing record denied (236) 93,119 Parties Motion to add party denied without prejudice to renewal on remand to District Court (230) 143 Substitution of state officer permitted where it was shown that he had been in office more than six months (204) 117 Stay, referred to Court, denied (414) 57 Stay of execution granted (Irvin) 61 Bail, referred to Court, denied (393 Misc.) 112 Appeal from and certiorari to U. S. Court of Appeals—judg- ment affirmed and writ dismissed (6, see opinion) 92 Appeal dismissed for want of final judgment with three Justices dissenting (594) 202 Appeal papers treated as petition for certiorari as to questions not reviewable on appeal (250 Misc., 701) 120, 256 Certiorari Original petition granted and supplemental petition denied (145) 12 Motion to file supplement to petition granted (478) 169 Denied without prejudice to prosecute appeal in state court (2 Misc.) ; to file habeas corpus in U. S. District Court (53 Misc., 285, 47 Misc.) 32, 59, 98 Denied for reason judgment based on state grounds ade- quate to support it (318) 59 : V Certiorari—Continued pag6 Motion for an order nunc pro tunc extending time to file petition where there had been a delay in transit denied (I. L. W. U. v. N. L. R. B.) 104 Writs dismissed as improvidently granted (32, 28, see opinion, 20, see opinion) 128,236,270 Rehearing Granted and order of disbarment vacated (5 Misc., see order) 7 Granted (622 O. T. 1953—on petition for certiorari; 304 O. T. 1953—after decision on the merits and also after expiration of judgment term, see 28 U. S. C. 452), and cases remanded for reconsideration in light of "net worth decisions" 103 Granted after affirmance by equally divided Court and writ dismissed as improvidently granted (28, see opinion) — 236 Granted after affirmance by equally divided Court (157, 213) 246 Time to file limited (742) 265 call Order suspending of docket entered April 18, 1955 ; argu- ments completed April 22 221 Final order (June 6, 1955) 284 D S. GOVERNMENT PRINTING OFFICE* I9S» — ;; MONDAY, OCTOBER 4, 1954 1 SUPREME COUET OE THE UNITED STATES Present: Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice Keed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice Jack- son, Mr. Justice Burton, Mr. Justice Clark, and Mr. Justice Minton. Blum, of Wantagh, Y. George A. Murphy, of Freeport, Lowell N. ; ; William J. Deeley, Jr., of Freeport, N. Y. Irving E. Dickman, N. Y. ; of Seaford, K Y.; Albert A. Oppido, of New Hyde Park, N. Y.; Byron G. van Home, of Mineola, N. Y. ; Nathanial S. Rudes, of Lynbrook, N. Y. ; Comunardo L. Renzulli, of Rockville Centre, N. Y. Edward T. O'Brien, of Westbury, N. Y. ; Edward C. Schiffmacher, of Baldwin, N. Y. ; Nathaniel A. Kahn, of West Hempstead, N. Y. Howard A. Rochford, of Rockville Centre, N. Y. ; Abraham H. Mos- kowitz, of Merrick, N. Y. ; Alvin L. Weil, of Westbury, N. Y. ; Ben- jamin Beskin, of Wantagh, N. Y. ; Richard E. Rahn, of Massapequa, N. Y. ; Leonard L. Rivkin, of Freeport, N. Y. ; William Gitelman, of Merrick, N. Y. ; Frank Makara, of New York, N. Y. ; James W. Clair, of East Rockaway, N.