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1959 Journal

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1959 Journal : I OCTOBER TERM, 1959 STATISTICS Original Appellate Miscella- Total neous Number of cases on dockets 12 1,047 1, 119 2, 178 Cases disposed of 0 860 962 1,822 Remaining on dockets. 12 187 157 356 Cases, disposed of—Appellate Docket: By written opinions 110 By per curiam opinions or orders 101 By motion to dismiss or per stipulation (merits cases) 4 By denial or dismissal of petitions for certiorari 645 Cases disposed of—Miscellaneous Docket By written opinions 0 By per curiam opinions or orders 21 By denial or dismissal of petitions for certiorari 743 By denial or withdrawal of other applications 146 By dismissal of appeals 17 By transfer to Appellate Docket 35 Number of written opinions 99 Number of printed per curiam opinions 20 Number of petitions for certiorari granted 122 Number of appeals in which jurisdiction was noted or post- poned 24 Number of admissions to bar 3,495 REFERENCE INDEX Page Court convened October 5, 1959, and adjourned June 27, 1960. Reed, J., Designated and assigned to U.S. Court of Appeals for the District of Columbia Circuit 36 Designated and assigned to U.S. Court of Claims 90 Burton, J., Designated and assigned to U.S. Court of Appeals for the District of Columbia Circuit 36 Format of Order List aud Journal changed, October 12, 1960_ _ 3 Court met at 11 :00 a.m. (Argument of Steel Case) (504) _ _ _ , _ 68, 69 Conferences to convene at 10:00 a.m., rather than 11:00 a.m., with luncheon recess at 12:30 p.m. (June 3, 1960). Conference Room Sessions, 55, 67, 68, 70, 122, 129, 155, 161, 162, 165 669061—60 : II Rules: Pago Rule 33, Par. 2 amended June 20, 1960 (Places on counsel responsibility of calling attention to 28 U.S.C. 2403 in cases in which the United States is not a party and in which the constitutionality of an Act of Congress is involved (258) 337,334 Appeals Dismissed on motion under Rule 14(2) (No. — Paul v. Washington) 98 Dismissed as moot (Purge of contempt) (72) 4 Dismissed and certiorari granted (785 Misc.) 345 Dismissed and certiorari granted in opinion after argu- ment (295) 295 Dismissed for "want of a properly presented substantial federal question" (878, 881, 920) 333 Dismissed for "want of a federal question" in opinion after argument (7) 340 Jurisdiction uoted in in forma pauperis case (434 Misc.)_ 184 Jurisdiction of three-judge courts discussed in opinion (49) _ 192 Jurisdiction noted in opinion after argument (549) 332 Appeal from U.S. District Court dismissed for "want of a substantial federal question". Order subsequently va- cated and appeal dismissed for "want of jurisdiction" (495) 131,253 Arguments: Prose (13) 53 Pro hac vice (40, 349) 94, 208 Thirteen hours allowed for argument (10 Original) 37 No time fixed for argument. Court met at 11:00 a.m. (504) 69 Time reduced sua sponte and time of companion case increased (8, 537) 238 Time reduced sua sponte upon granting of subsequent petitions (917, 712 Misc.) 334,347 No appearance for one respondent (41) 94 Submitted on briefs by both parties with leave of Court, but U.S. argued as amicus curiae by consent of party supported (60) 140 Submitted on brief by one party where other parties argued (56) 142 Order of argument and allotment of time agreed upon by counsel and approved by Court (10 Original) 37 Respondent argued first pursuant to agreement of counsel and approval of Court (37) 57 Ill Arguments—Continued Pag© Petitioner opened argument by agreement of counsel and leave of Court in second of two consolidated cases (167, 170) 248 Advanced on motion (66) 87 Advanced on motion prior to action on petition for certio- rari and appeal on representation that petitioners- appellants brief on merits would be expeditiously filed (549, 550)_ 109 Postponed on motion (Prior and subsequent illness of counsel) (26, 229) 158 Cases set for argument on petition for certiorari, jurisdic- tion on appeal as well as on merits (549, 550) 109, 150 On stay, petition for certiorari and on merits (667) 179 Reset for next term because of late granting of petition for certiorari in companion case (See dissent) (8, 464, 537) 162 Restored for reargument for lack of certification to Attor- ney General under 28 U.S.C. 2403 (258) 334 Court forced to adjourn early due to failure of counsel to appear (503) 287 Motion for leave to argue as amicus curiae granted (326, 327) 271 Amicus curiae arguments (by invitation of Court) (40)__. 92 (by special leave of Court) (295, 326, 327, 349) 223, 289, 208 (by consent of counsel) (61) 144 Attorneys: Change of name (Borkowski) (Burke—change to married name) 345 Counsel appointed on motion (153, 466, 765, 720, 870, 973, 764, 974, 987) 8, 75, 238, 278, 334, 345 Counsel appointed sua sponte (21 Misc., 161 Misc., 785 Misc., 446 Misc., 515 Misc., 712 Misc.) 11,345,347 Counsel appointed on motion nunc pro tunc after argument (52) 278 Disbarment of Harry J. Alker, Jr. (23 Misc.) 296 (Motion to vacate order of disbarment and reinstate order of suspension held pending action in lower federal courts) (23 Misc.) 324 Motions to withdraw appearances granted (327, 62, 73, 326) . 99,132,314 Motion of disbarred attorney to present oral argument in case in which he had been counsel, denied (30) 147 : IV Attorneys—Continued Page Resignations from bar (Joseph Malone, Jr.) (George A. Brenner) 37,200 Briefs: Time for filing briefs on merits set for three days after grant of certiorari (504) 68 On motion to advance counsel for respondent-appellee directed to file brief opposing certiorari and any motion re jurisdiction as well as brief on merits within 37 days (549, 550) 109 On motion for stay Court directed that petition be filed within three days; petitioner's brief on merits be filed within 15 days; brief in opposition to certiorari and on merits within 25 days, and petitioner's reply brief within 27 days (No. — U.S. v. Thomas) 161 Solicitor General invited to file brief setting forth views of N.L.R.B. (76) 8 Solicitor General invited to file brief setting forth his views as to the importance to the Federal Government of the issues involved in New York tax litigation (162) 8 Motion of Governor of State for leave to file brief, amicus curiae, granted where brief was not submitted or author- ized by Attorney General of State (909) 336 Motion of inmates of penitentiary for leave to file briefs, amicus curiae, denied (Motions should not have been accepted as they did not bear the name of a member of this bar) (744 Misc.) 357 Motion to strike respondent's brief denied (241) 24 Motion to strike amicus curiae brief denied (469) 112 Motion to dispense with printing brief, amicus curiae, granted (834) 336 Additional brief on specific questions of mootness re- quested from Solicitor General following filing of sug- gestion of mootness (202) 64 Leave granted to file supplement to motion to dismiss (72) _ 4 Certiorari Writs dismissed after argument as improvidently granted (33, 153, 497, 278) 131, 199, 252, 277 Petition directed to three (California) courts, denied (200). 17 Petition directed to " Police Court of the City of Louis- ville" (59) 199 Motion to supplement petition granted (188, 744) 23, 325 Order granting amended to place case on summary calendar and to direct argument (213) 46 V Certiorari—Continued Page Order denying amended to show two Justices dissenting and another Justice filing separate memorandum (383, 415) 105,106 Order granting amended so as to limit review to Burns v. Ohio, 360 U.S. 252 (764) 345 Denied without prejudice to application for habeas corpus in appropriate U.S. District Court (120 Misc., 14 Misc., 167 Misc., 450 Misc.) 80, 138, 149, 327 Denied with three Justices voting for " limited grant" (477) 126 Denied with two Justices writing dissenting memorandum (288 Misc.) 127 Denied in view of representations by State Attorneys General that relief sought by petitioner was now avail- able (furnishing free transcript on appeal) (10 Misc.)__ 205 (filing of appeals without prepayment of costs) (6 Misc., 7 Misc., 186 Misc., 376 Misc., 487 Misc., 519 Misc., 522 Misc., 535 Misc., 572 Misc., 615 Misc., 804 Misc., 869 Misc.) 187, 356 Denied with dissenting opinion (aerial spraying with DDT to eradicate gypsy moths) (662) 214 Expression by one Justice as to practice of Court in not recording votes on disposition of petitions for certiorari (383, 415) 105, 106 Granted on Friday and set for argument following Tuesday (504) 68 Party invited to file certiorari before judgment (No. — U.S. v. Thomas) 161 Motion to stay issuance of order denying certiorari denied (633) 194 (referred by Justice to Court) granted (187) 45 Writ dismissed in opinion after argument for want of jurisdiction with directions to lower courts to vacate all judgments and orders and to dismiss habeas corpus (38) 277 Motion to amend petition assigned for hearing (802) 279 Motion to vacate order denying petition and for leave to amend petition denied (663) 324 Granted in opinion after argument (549, 550) 332 Motion of respondent to dismiss writ denied but judgment vacated with directions to state court to determine question of mootness (720) 343 Motion to defer consideration denied (248) 24 Motion to file amended petition granted (456) 112 569051—6(0 2 VI Costs: Page Motion to retax costs granted and co-respondent with SEC directed to pay one-half of costs (67 O.T.
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