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1965 Journal OCTOBER TERM, 1965 REFERENCE INDEX CONTENTS: Page Statistics in General in Rules iv Appeals iv Arguments . v Attorneys vi Briefs vi Certiorari vi Costs and Damages vn Judgments, Opinions and Mandates vm Original Cases xi Parties xn Records xn Rehearings xn Stays and Bail xm Conclusion xm 228-828—66 : Ill STATISTICS Original Appellate Miscella- Total neous Number of cases on dockets 17 1, 436 1, 831 3, 284 Cases disposed of 9 1, 182 1, 502 2, 693 Remaining on dockets 8 254 329 591 Cases disposed of—Appellate Docket : By written opinions 121 By per curiam opinions or orders 161 By motion to dismiss or per stipulation (merits cases) 0 By denial or dismissal of petitions for certiorari 900 Cases disposed of—Miscellaneous Docket By written opinions 0 By denial or dismissal of petitions for certiorari 1, 271 By denial or withdrawal of other applications 147 By granting of other applications 1 By per curiam dismissal of appeals 37 By other per curiam opinions or orders 18 By transfer to Appellate Docket 28 Number of written opinions 97 Number of printed per curiam opinions 8 Number of petitions for certiorari granted (Appellate) 124 Number of appeals in which jurisdiction was noted or postponed 40 Number of admissions to bar 3, 331 GENERAL: Page Court convened October 4, 1965 and adjourned June 20, 1966 Wallace, Henry A. (former Vice President), Death an- nounced and Court adjourned out of respect to his memory 133 Reed, J., Designated and assigned to U.S. Court of Claims- 69 Designated and assigned to U.S.C.A.-D.C 155 Frankfurter, J., Resolutions of Bar presented 84 Minton, J., Resolutions of Bar presented 440 Whittaker, J. (Retired), Announcement of resignation of commission 58 : : IV GENERAL—Continued Page Goldberg, J., Announcement of resignation (July 25, 1965) and correspondence pertaining thereto 1 Fortas, J., Commission read and oaths taken (October 4, 1965) 4 Marshall, Thurgood, Solicitor General presented 7 Allotment of Justices 50 Newman, Helen C, Librarian, Announcement of death 105 Hallam, Henry Charles, Jr., Librarian, Announcement of and order of appointment 105, 115 RULES Admiralty Rules, effective March 7, 1921, rescinded effec- tive July 1, 1966, and Rules of Civil Procedure made applicable 262, 291, 309 Rules of Civil Procedure amended by including Rules 23.1, 23.2, 44.1 and 65.1, Supplemental Rules A, B, C, D, E, and F, and amending Rules 1, 4, 8, 9, 12, 13, 14, 15, 17, 18, 19, 20, 23, 24, 26, 38, 41, 42, 43, 44, 47, 53, 59, 65, 68, 73, 74, 75, 81, and 82, and Forms 2 and 15 (promulgated February 28, 1966, effective July 1, 1966) 262 Rules of Civil Procedure, Rule 6(c) rescinded, effective July 1, 1966 309 Rules of Criminal Procedure amended by including Rules 17.1 and 26.1, and amending Rules 4, 5, 6, 7, 11, 14, 16, 17, 18, 20, 21, 23, 24, 25, 28, 29, 30, 32, 33, 34, 35, 37, 38, 40, 44, 45, 46, 49, 54, 55 and 56, and Form 26 (promulgated February 28, 1966, effective July 1, 1966) 315 Rules of Criminal Procedure, Rules 19 and 45 (c) rescinded, effective July 1, 1966 337a Copyright Rules, Rule 2 rescinded, effective July 1, 1966 309 Rules of Civil and Criminal Procedure, Dissents of Black, J. and Douglas, J. to promulgation 309a, 337a APPEALS Dismissed (State) on representation of Attorney General that state procedures afforded proper remedy (144) 9 Dismissed (USDC) in opinion after argument for want of jurisdiction (9) 135 Jurisdiction noted as to two questions raised. Other questions held unappealable and as to them papers treated as petition for certiorari and denied (874) 461 — V APPEALS—Continued Dismissed (State) insofar as decision of highest state court had been superseded by order of USDC. In all other re- spects appeal dismissed for want of substantial federal question (319) 11 Court directed parties to file memoranda as to whether case is now moot in light of supervening opinions of this Court (81) 474 Motion to defer consideration of motion to dismiss and filing of brief in opposition granted (411) 108 ARGUMENTS: Pro hac vice (12, 51, 58, 63, 42, 280, 695, 256, 750, 782, 783) 72, 75, 130, 155, 157, 204, 371, 402, 404 Case set for argument sua sponte 38 days after grant of certorari (970) 231 Motions to advance denied (1011-1125,959) 374,434 Motion to advance and expedite consideration granted judgment summarily affirmed (1128) 383 Motion to advance granted—judgment summarily affirmed (1344) 482 Motion to remove from summary calendar denied (42) 13 Motion to remove from summary calendar granted (104, (Joint motion in 12 535, 584) ; and 762) 13, 180,236 Argument amicus curiae by invitation of Court (13) 53 Argument amicus curiae by special leave of Court (61, 45, 48-655, 759, 847-877, 471-649) __ 118, 132, 220, 261, 342, 401, 420 Any state permitted to participate in argument as amicus curiae in Original Case (Civil Rights Act) by filing re- quest with Clerk 28 days before argument (22 Orig.) 104 Motion for leave to argue amicus curiae denied (45, 368, 132, 318, 490, 597) 121, 147, 235, 236 Motion for leave to argue amicus curiae granted (48, 762) 167,236 Seven states argued as amicus curiae at invitation of Court (22 Orig.) 199 Argument amicus curiae with consent of counsel (303) 366 Motions of Attorneys General of Puerto Rico and New York for leave to argue amicus curiae granted (847- 877) 374,384 Joint motion to permit two attorneys to argue in what was then a summary calendar case granted (12) 13 : : VI Continued ARGUMENTS— Page Motion for additional time for oral argument granted and more than two attorneys permitted to participate (73-74- 75-76-77) 349 Counsel directed to brief and argue questions in addition to those raised in petition for certiorari (382, 489) 80, 122 Motion for extension of time for argument denied (26 Orig.) 166 Court directed appellant in second of three appeals to open argument (782) 210 Restored to docket for reargument and further briefs ordered on additional questions (562) 521 ATTORNEYS: Counsel appointed on motion (29, 657, 695, 584, 968, 1068, 1180, 1181, 1224) 13, 108, 148, 167, 256, 375, 393, 434, 474 Two attorneys appointed on motion but only one compen- sated—transportation (657) 108 Disbarment (Eldon C. Harris) (56 Misc.) 137 BRIEFS Any State accorded right to file amicus curiae brief in Original Case (Civil Rights Act) (22 Orig.) 104 Motion to strike portions of respondent's brief denied (406) - 111 Motion to strike respondent's brief denied (272 Misc., 817 Misc.) 142,399 Motion for leave to adopt amicus curiae brief of another amicus granted (42, 49, 368) 166 Motion for leave to file brief after argument granted (219) _ 180 Motion of amicus for leave to file supplemental amicus brief after argument denied (368) 180 Party invited to file amicus curiae brief in companion case (711) 181 Briefing schedule expedited on granting of stay (No. , Atlantic Coast Line Railroad Company v. Brotherhood of Railroad Trainmen) 494 CERTIORARI Writs dismissed after argument as improvidently granted (51, 131-132, 505) 255, 392, 421, Motion to defer consideration granted (88) 13 Motion to defer consideration denied (406) 111 228-828—66—3 : VII CERTIORARI—Continued Page Motion of party to defer consideration of companion peti- tion denied (820) 228 Motion of party in undocketed case to defer consideration - of pending case denied (No. , Rosenstiel v. Rosen stiel) 357 Dissents on denial (224 Misc., 508) 66, 139 Mandamus treated as certiorari and certiorari granted (331 Misc.) 80 Denied (State) on representation by Attorney General that there may be adequate state remedy available (2 Misc.) _ 84 Denied on representation of State Attorney General that adequate state remedy was available (490 Misc., 594 Misc.) 388 Granted limited to one issue and denied in all other respects (112-125-230-234) 255 Granted on limitation not specified in petition (794-795- 796-797, 206 Misc., 875 Misc.) 226, 256, 375 Motion to amend petition after granting of petition denied (761) 181 Certiorari granted in 2 of 3 companion cases on reliance of extension of time granted in third case—otherwise out of time (750, 782, 783) 210 Granted and set for argument 38 days later ( a Justice had granted a stay) (970) 231 Certiorari lies to review judgment of CCPA in patent cases (58) 355 Motion to adopt portions of petition in companion case granted (961) 360 Certiorari divisible (CA) vacated as to one count and re- manded to USDC for entry of appropriate sentence; in other respects certiorari denied (1114) 412 Certiorari granted on cross-petition in civil case "out of time" (1155) 461 Petition denied as untimely (1221 Misc.) 378 Retaining jurisdiction over case USDC directed to deter- mine mental competency of petitioner in present posture of things (321 Misc.) 483 COSTS AND DAMAGES Motion for assessment of damages denied (777) 239 : VIII JUDGMENTS, OPINIONS, AND MANDATES Judgments, etc. : Page Affirmed by equally divided Court (8) 146 Judgments announced (41, 368, 67) 248,355,493 Judgment issued forthwith (318-323-409) 411 Case remanded (CA) without entry of judgment, on joint motion to remand, to permit entry of decree of restitution on agreement of parties (56) 225 Writ dismissed after argument with three of seven Justices dissenting (131-132) 392 Reversed (CA) and remanded to CA with directions to remand to FTC for clarification of its order (15) 107 Reversed (CA) on petition for rehearing (919 O.T. 1961, 543 O.T. 1963) 59,135 Reversed (CA) and remanded to USDC for proceed- ings under Rule 42(b) FRCP (6) 146 Reversed (CA and USDC) (27) 159 Reversed (CA) and remanded to USDC for consider- ation of issues left undecided by previous judg- ment (69-71) 224 Reversed (CA) and remanded to CA for further con- sideration of interest contention.
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