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1966 Journal OCTOBER TERM, 1966 REFERENCE INDEX CONTENTS: Page Statistics III General III Rules IV Appeals IV Arguments V Attorneys V Briefs VI Certiorari VI Costs and Damages VII Extraordinary Writs VII Judgments VII Original Cases X Parties X Records X Rehearings XI Stays and Bail XI Conclusion XII 271-218—67 Ill STATISTICS Original Appellate Miscella- Total neous xo o, oOO Cases disposed of 5 1, 232 1, 666 2, 903 Remaining on dockets 8 237 208 453 Cases disposed of—Appellate Docket: By written opinions 132 By per curiam opinions or orders . 178 By motion to dismiss or per stipulation (merits cases) 0 By denial or dismissal of petitions for certiorari 922 Cases disposed of—Miscellaneous Docket: By written opinions 0 By denial or dismissal of petitions for certiorari 1, 371 By denial or withdrawal of other applications 188 By granting of other applications 2 By per curiam dismissal of appeals 44 By other per curiam opinions or orders 48 By transfer to Appellate Docket 13 Number of written opinions 100 Number of printed per curiam opinions 15 Number of petitions for certiorari granted (Appellate) 98 Number of appeals in which jurisdiction was noted or postponed (Appellate) 94 Number of admissions to bar 3,279 GENERAL: Court convened October 3, 1966 and adjourned June 12, Page 1967 1,450 Black, J., Remarks of Chief Justice upon completion of thirty years of service (June 12, 1967) 430 Reed, J., Designated and assigned to U.S. Court of Claims. 2 Moved admission (Marshal Thomas Perry Lippitt) 164 Clark J., Remarks of Chief Justice announcing retire- ment and response by Mr. Justice Clark (June 12, 1967) _ 429 : IV GENERAL—Continued Page Fortas, J., Temporarily allotted to USCA-7 (entered June 16, 1967) after adjournment. Clark, Ramsey, Attorney General presented 280 RULES: Rules of Supreme Court promulgated June 12, 1967, ef- fective October 2, 1967 (Old Rules 1, 4, 5, 10, 12, 13, 15, 16, 17, 21, 23, 24, 25, 26, 29, 30, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 43, 44, 49, 50, 52, 53, 57, 59, 61 and 62 amended) 450 APPEALS Dismissed (USDC) as moot (640) 309 Dismissed (USDC) for lack of jurisdiction (1186) 406 Dismissed (USDC) for failure to docket within 60 days (319) 94 Dismissed (USDC) for want of jurisdiction (Appeal from single USDC refusing to convene three-judge court) (115) 4 Dismissed (USDC) for want of jurisdiction as case was not appropriate for a three-judge court (381 Misc.) 67 In granting stay (USDC) Court directed parties who had not appealed to expedite all procedures (N.Y.C.-Pa. RR merger) (No. , Erie-Lackawanna Railroad Com- pany v. United States) 80 Stay (USDC) granted and cases expedited (914, 972) 190,205 Expedited schedule ordered for docketing and briefing case (USDC) in which Court granted stay (No. , Fort- son v. Morris) 127 Jurisdiction noted and judgment (USDC) reversed as to one question presented ; unappealable issue presented by other question treated as certiorari and denied (1088) 373 Dismissed (State) as moot (660, 993) 433,434 Dismissed (State) without reason (18 Misc.) 214 Dismissed (State), it appearing that the judgment below rests upon an adequate state ground (925, 984) 263,324 Dismissed (State) after argument and certiorari granted in opinion. Judgment reversed (13) 188 V ARGUMENTS: Pag6 Argument pro se (62) 104 Argument as amicus curiae (47, 11, 84, 116, 4, 5, 24, 250, 173, 254, 249, 216, 483, 395, 430) 104, 106, 122, 150, 186, 196, 237, 281, 282, 295, 316, 334 Counsel appointed to brief and argue case, as amicus curiae, in support of judgment (173) 95 Motion of State to argue as amicus curiae granted (47) 67 Motion to argue as amicus curiae denied (3, 16, 136) 8, 114 Motion to advance granted (914) 190 Group of cases given eight hours for argument, divided between parties attacking or supporting administrative order (1274) 439 Motion to remove from summary calendar granted (305) 204 Joint motion to remove from summary calendar granted (463) 216 Motion to postpone argument denied (25) 297 Motion of respondent not named as such to participate in oral argument granted and extra time allotted (216) 216 Allotment of time, number of counsel and division of time fixed in stay order (N.Y.C.-Pa. RR merger) (No. , Erie-Lackawanna Railroad Company v. United States) _ 80 Cases restored for reargument (83, 38, 181) 418, 438 ATTORNEYS: Motion for appointment of counsel granted (222, 252, 68, 648, 480, 831, 424, 734, 1080) 8, 68, 114, 158, 169, 269 Motion for appointment of counsel denied where certiorari was also denied (883) 221 Counsel invited to brief and argue in support of judgment (petitioner was not a pauper but amount involved did not justify expense of travel from West Coast) (173) 95 Resignation of Edgar I. Shott, Jr. (No. , In the Matter of Edgar I. Shott, Jr.) 407 Suspension and rule to show cause issued (1820 Misc., 1845 Misc., 1846 Misc.) 407,418,419 Suspension, rule to show cause issued, and order of disbar- ment (1346 Misc.) 216,418 VI BKIEFS : Page Motion to strike appendix to petition denied (1128) 350 Motion to strike portions of answer to motion denied ( 625 ) + 142 Motion to strike portions of respondent's brief and appen- dix denied (146) 27 Motion to strike appendix to respondent's brief denied (226 Misc.) 53 Motion to expedite filing of briefs in opposition to certio- rari in docketed and undocketed cases denied (1342) 375 Briefing schedule expedited (N.Y.C.-Pa. RR merger) (No. , Erie-Lackawanna Railroad Company v. United States) 80 Motion for leave to file brief after argument denied (70) 95 Motion to file response to amici curiae brief after argument granted (391) 269 Motion for leave to file supplemental brief after argument granted (159) 204 Motions for leave to file amicus curiae briefs after argument denied (25, 491) 375 Motion to join appellee's brief and an amicus curiae brief granted (116) 136 Motion to join in the motion to affirm granted (715) 214 Motion to dispense with printing petition and respondent's brief granted (868) 221 Motion to extend time for filing merits brief denied (25) 297 Typewritten motions and briefs authorized sua sponte (No. , Fortson v. Morris) 127 CERTIORARI: Writ dismissed as improvidently granted (48, 253, 399) 156, 203, 358 Writ dismissed in opinion as improvidently granted (45) _ 112 Denied for want of final judgment (614) 142 Denied as untimely (626) 142 Denied with three Justices voting to grant and one dis- qualified (659) 160 Denied prior to judgment (1386—Powell) _ 410 Denied on representation of State Attorney General that case was moot (1015) 441 Denied (State), it appearing that the judgment rests upon an adequate state ground (321) 29 271-218—67 2 : : : VII CERTIORARI—Continued Page Motion to treat application for extension of time as a peti- tion for certiorari denied (No. , Switchmen's Union of North America v. Southern Pacific Co.) 8 Motion to file nunc pro tunc denied (669) 142 Motion for a peremptory writ of certiorari denied (543) — 160 Motion for clarification of order denying certiorari denied (1041) 347 Dissenting opinion on denial (306, 124, 75 Misc., 91 Misc., 759 Misc., 824, 1176 Misc., 928, 1012, 1027, 981, 750) ___ 27, 70, 74, 75, 145, 206, 256, 273, 289, 290, 327, 349 Granted limited to question not raised in petition but pre- sented in companion case (38) 169 Granted and counsel directed to brief and argue elfect of a lower federal court opinion (895) 269 Motion to supplement petition granted (847, 1386, 1293, 1295) 209,410,439 Opinion on merits on "untimely" cross-petition for certio- rari (94) 318 Motion to vacate judgment (CA) and dismiss complaint as moot denied (320) 29 Case held without action on the petition until further order of the Court (petitioner's sanity involved) (9 Misc.) 310 COSTS AND DAMAGES Motion for damages for delay denied (431) 30 Motion of respondent to require certification of addi- tional record granted. Costs to be paid by respondent and ultimately to abide judgment (744) 347 Motion for allowance of costs denied (371) 407 Motion to reinstate judgment and retax costs denied (6 O.T. 1964) 437 EXTRAORDINARY WRITS Motion for leave to file petition for writ of injunction and other relief denied (969 Misc.) 180 JUDGMENTS Affirmed by equally divided Court (220) 87 Affirmed, per curiam, (USDC) insofar as it adjudged cer- tain sections of an Oklahoma statute to be unconstitu- tional (1089) . 373 VIII JUDGMENTS—Continued Pag e Affirmed (USDC) as "those portions of the judgment from which appellant is appealing" (58) 432 Judgment announced (62, 27, 37, 150) 189,239,428 Judgment ordered to issue forthwith (136) 168 Dismissed (State) for want of a "properly presented fed- eral question" (332) 6 Reversed (CA) order denying certificate of probable cause (374, 1025 Misc.) 67,204 Reversed (CA) and remanded to CA with directions to remand to I&XS for further proceedings (40, 80, 91) _ 155, 156 Reversed (CA) and remanded with directions to enforce order of jSTLRB ( 52, 53, 781) 165,428 Reversed (CA) and remanded for consideration of the unresolved issues (14) 213 Reversed (CA) and remanded to CA with instructions to affirm and enforce order of FTC (342) 317 Reversed (CA and USDC) and remanded to USDC with directions to sustain Government's defense (76) 135 Reversed (USDC) and remanded with directions to sus- tain orders of ICC (15, 17, 20) 113 Reversed (USDC) as to one question presented: unappeal- able issue presented by other question treated as certiorari and denied (1088) 373 Reversed (USDC) and remanded for further considera- tion on the merits (1106) 406 Reversed (USDC) and remanded with directions to enter a new judgment remanding case to ICC for further pro- ceedings (305) 416 Reversed (USDC) and remanded for "entry of an appro- priate decree" (9) 426 Reversed (USDC) and remanded for entry of a decree in conformity with opinion (25) 426 Reversed (Court of Claims) and remanded with directions to sustain U.S.'s right to cancel the prime contract (86) 135 Vacated (CA) on petition for rehearing and new trial or- dered (1029 O.T.
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