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1963 Journal : : .. OCTOBER TERM, 1963 STATISTICS Original Appellate Miscella- Total neous Number of cases on dockets. _ 9 1, 238 1, 532 2, 779 Cases disposed of 2 1, 036 1, 374 2, 412 Remaining on dockets 7 202 158 367 Cases disposed of—Appellate Docket By written opinions 123 By per curiam opinions or orders 180 By motion to dismiss or per stipulation (merits cases) 0 By denial or dismissal of petitions for certiorari 733 Cases disposed of—Miscellaneous Docket By written opinions 0 By denial or dismissal of petitions for certiorari 1, 093 By denial or withdrawal of other applications 180 By granting of other applications 1 By per curiam dismissal of appeals 30 By other per curiam opinions or orders 59 By transfer to Appellate Docket 11 Number of written opinions 111 Number of printed per curiam opinions 20 Number of petitions for certiorari granted (Appellate) 118 Number of appeals in which jurisdiction was noted or postponed 31 Number of admissions to bar 3, 184 REFERENCE INDEX GENERAL: Court convened October 7, 1963 and adjourned June 22, 1964. Members of Court attended funeral of President Kennedy (not in session) (November 25, 1963) Court attended Joint Session of Congress to hear President Johnson's Message following President Kennedy's death (not in session) (November 27, 1963) : : — II GENEEAL—Continued Page Douglas, J., Eemarks by Attorney General and response by Chief Justice on occasion of completion of 25 full terms as Associate Justice (April 20, 1964) 271 Eeed, J., Designated and assigned to U.S. Court of Claims 2 Wyatt, Walter, Appointed Eeporter of Decisions, effective August 1, 1963 and continuing to December 31, 1963 2 Announcement of retirement 145 Putzel, Henry, Jr., Appointed Eeporter of Decisions, effec- tive February 17, 1964 (February 17, 1964) 184 Eodak, Michael, Jr., Appointed Deputy Clerk (March 23, 1964) 245 APPEALS Appeals dismissed and certiorari granted (677, 763 Misc., 167) 217,240,253 Appeal (USDC) dismissed and papers treated as cer- tiorari, before judgment, to CA and certiorari granted (663) 185 Appeal dismissed and certiorari denied (First case so treated from Supreme Court of Puerto Eico) (1048) 384 AEGUMENTS Arguments "pro hac vice" (22, 66, 583, 470) 106, 161, 249, 297 Motions to remove from summary calendar granted (610, 585) 356,367 Motion to remove from summary calendar denied (400) 239 Case submitted without argument on brief in opposition to certiorari (55) 74 Motion to advance granted (307) 59 Motions to advance denied (636, 362, 775, 718, 1041 Misc.) 176,184,239,255,267 Cases advanced sua sponte (508, 592) 147 Motions under Eule 43(4) for expeditious treatment Denied (Texas reapportionment case) (1108). No ac- tion taken in view of denial of certiorari three days after docketing (1028) 334,289 Case restored to the calendar for reargiunent (400) 390 Case continued indefinitely on joint agreement of parties (33) 231,276 : : — Ill ARGUMENTS—Continued Page Motions of Solicitor General for leave to participate in oral argument as amicus curiae granted (508, 592, 623, 402) 232,255 Motions for leave to participate in oral argument denied (28, 72, 34, 71-73, 94) 11, 59, 123, 176 Motion of municipality for leave to participate in oral argument as amicus curiae denied (592) 255 Motion to remand denied two days before argument (36) 217 Suggestion of mootness postponed to hearing on merits (384) I 218 Cases removed from regular calendar and placed on sum- mary calendar when certiorari in companion case granted (110, 909) 14,391 ATTORNEYS Counsel appointed (209,210) 12,231 Appointed counsel "relieved" (210) 231 Motions to withdraw appearance granted (13, 16, 101 Misc., 506, 53) 11,43,123,165 Motion to amend attorneys' roll to show married name of member granted (No. — , In the Matter of Jessie Hen- drick Hardie) . Court directed that hereafter such mo- tions need not be presented to Court but appropriate notation made on attorneys' roll and card index 186 Suspension of right to practice, rule to show cause and disbarment (without return to rule) (1314 Misc. Dolnick) 276,367 BRIEFS Motion to strike appendix to petition for certiorari denied (542 Misc.) 93 Motion to strike amicus curiae brief of state denied (470) 319 Motion to strike memorandum of Solicitor General denied. U.S. had not appealed but filed memorandum supporting appellant (710) 232 Time for filing briefs on merits accelerated by Court in "advanced" case (307,508) 1 59,147 Solicitor General invited to file a brief after argument in "sit-in" cases after signifying "his readiness to express himself further, at the suggestion of the Court, to the broader constitutional issues which have been mooted" (Four Justices dissenting) (6, 12, 9, 10, 60) 101 Motion to join in amicus curiae brief granted (71-73) 101 IV BRIEFS—Continued Page At time of argument briefs on merits directed to be filed where main briefs had been restricted to jurisdictional problems (169) 247 CERTIORARI: Denied on Friday in view of imminence of electoral process emergency nature of litigation (involuntary (1028) ; blood transfusion) (1532 Misc.) 289,374 Denied with comment, "Opinions may be filed in due course." (1028) 289,320 Denied without prejudice to an application to the appro- priate USDC for relief in light of recent opinion (294 Misc.) 43 Dissents (written) on denial (332, 308 Misc.—capital punishment, 483, 479, 1035, 1109, 639 Misc.) 25, 66, 139, 151, 393, 395, 400 Writs dismissed as improvidently granted (per curiam) (50, 100,35) 100,207,379 Writ dismissed for want of jurisdiction after argument. (Lack of final judgment) (76) 230 Granted before judgment (663) 185 Granted in Federal criminal case allegedly "out of time" (115 Misc.) 56 Granted in State criminal case allegedly "out of time" (138 Misc.) (Capital case) 60 Certiorari directed to three courts. Granted as to two State courts but denied as to USDC (264) 60 Motion to stay issuance of order denying certiorari denied (612) 218 Motion for stay of order denying certiorari referred to Court by Justice and denied (134) 355 Motion to recall order denying certiorari denied by Court (Power of individual Justice to act was questioned by that Justice) (1467 Misc., O.T. 1962) 84 Motion for leave to file petition for writ of certiorari out of time denied (No. — , Kawahara v. Stahr) 101 Motions for leave to file supplement to petition granted (141, 731 Misc., 1061 Misc.) 186, 199, 334 Motion of petitioner for leave to file new and additional conflicting authority granted (554) 190 Time for filing certiorari extended by Court order in deny- ing mandamus (1125 Misc.) 401 : : V COSTS AND DAMAGES : Page Motion of corporation for leave to proceed in forma pau- peris denied (No. — , The Association for Preservation of Freedom of Choice, Inc., et al. v. The Nation Company. _ 84 Costs—Motion of unsuccessful respondent for apportion- ment of costs and fees denied (Claim was made that petitioner incorporated unnecessary matters) (39-40) — 267 All costs taxed on motion against unsuccessful respondent named with NLRB and who had been "charging" party before NLRB (89) 367 JUDGMENTS, OPINIONS AND MANDATES Judgments Judgments announced when no opinion for Court (11, 449) 377 Affirmed (CA) by equally divided court (253, 481) __ 319,364 Affirmed (State) in part and vacated in part (138) 364 Affirmed (USDC) where appeal from USDC was dis- missed and certiorari to CA granted before judg- ment (663) 185 Affirmed (USDC) on motion, but stay continued to permit application to USDC within 30 days for equitable relief in light of impending elections (675) 217 Affirmed (USDC) on merits insofar as it relates to ap- portionment of seats in Washington Legislature (381) 381 Affirmed (CA) as to compensatory damages under Labor Management Act but vacated in all other respects (485) 332 Reversed (CA) and judgment (USDC) affirmed (37) 113 Reversed (CA) and remanded for proceedings "con- sistent" with opinion (28) 135 Reversed (CA) and remanded to CA with instructions to vacate judgment of USDC and remand to that court for reconsideration of transfer, without refer- ence to ability of U.S. to receive a fair and impartial trial in Minnesota (113) 230 Reversed (CA) and remanded to USDC where CA judgment was original proceeding granting man- damus (56, 80) 253 739-590—64 2 VI JUDGMENTS, OPINIONS AND MANDATES—Continued Judgments—Continued Page Reversed (CA) and remanded to USDC with instruc- tions to enter judgment in accordance with jury's verdict (336) 308 Reversed (CA) as to patent infringement after a cer- tain date but affirmed as to infringement prior to said date with reservation (75) 354 Eeversed (CA) and judgment (USDC) reversed and remanded to USDC to allow State reasonable time to afford petitioner a hearing or a new trial, failing which petitioner is entitled to release (62) 376 Reversed (CA) and remanded to CA for prompt dis- position of appeal on merits—appeal had been dis- missed as "untimely" (210) 379 Reversed (CA) and judgment (USDC) affirmed and remanded to USDC with directions to enter decree, permitting addition of new parties, if necessary, which will guarantee that petitioners will get kind of education that is accorded in State's public schools (592) 333 Reversed (Ct. Claims) and remanded for determina- tion of amount of restitution due (84) 183 Reversed (USDC) and remanded to USDC with in- structions to reinstate report and order of ICC (74-93) 183 Reversed (USDC) and remanded with instructions to reinstate both counts of indictment (64) 184 Reversed (USDC) and remanded with directions to vacate order of ICC and remand to ICC for
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