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October Term, 1964

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October Term, 1964 OCTOBER TERM, 1964 STATISTICS Original Appellate Miscella- Total neous Number of cases on dockets 11 1, 247 1, 404 2, 662 Cases disposed of 2 1, 027 1, 151 2, 180 Remaining on dockets 9 220 253 482 Cases disposed of—Appellate Docket : By written opinions 103 By per curiam opinions or orders 133 By motion to dismiss or per stipulation (merits cases) 0 By denial or dismissal of petitions for certiorari 791 Cases disposed of—Miscellaneous Docket: By written opinions 0 By denial or dismissal of petitions for certiorari 927 By denial or withdrawal of other applications 178 By granting of other applications 1 By per curiam dismissal of appeals 22 By other per curiam opinions or orders 16 By transfer to Appellate Docket 7 sTumber of written opinions 91 sTumber of printed per curiam opinions 17 sfumber of petitions for certiorari granted (Appellate) 116 dumber of appeals in which jurisdiction was noted or post- poned 34 dumber of admissions to bar 2, 735 REFERENCE INDEX GENERAL:. Court convened October 5, 1964 and adjourned June 7, 1965. Johnson, President—Court met at 10:30 a.m., entertained motions for admission, and adjourned for the purpose of attending Inauguration (January 20, 1965) 157 Hoover, President, Death announced and Court adjourned without transacting further business (October 20, 1964— 1:09 p.m.) 60 n GENERAL—Continued Pttg » Frankfurter, J., Death (February 22, 1965) announced March 1, 1965. Court attended private memorial serv- ices at residence in Washington 181 Burton, J., Death (October 28, 1964) announced Novem- ber 9, 1964. Court attended memorial proceedings in Washington 72 Burton, J., Resolutions of Bar presented 313 Minton, J., Chief Justice's remarks re death. (Died April 9, 1965.) Committee of Court attended funeral in New Albany, Indiana 350 Reed, J., Designated and assigned to U.S. Court of Claims. 4 Katzenbach, Nicholas deB., Attorney General presented 206 Foley, William E., Appointed Deputy Director of Admin- istrative Office of United States Courts 4 Order for posting and approval of Clerk's statutory bond under 28 U.S.C. 671, and order approving bond 81, 115 Announcement that decisions will be reported as they be- come ready for decision at any session of the Court and not restricted to Mondays. No announcement to be made prior to rendition in open court (April 5, 1965) . (First such opinion—April 27, 1965) 248,271 APPEALS: Motion to transfer appeal to CA granted and case re- manded to CA under 18 U.S.C. 3731 (1015) 295 ARGUMENTS: Arguments pro hac vice (116, 365, 245) - 156, 218, 269 Cases argued on day Court convened ( 515-543 ) 4 Cases argued same day as jurisdiction noted (Counsel had prior advice) (515-543) - 4 Cases advanced sua sponte (624-625) 124 Motion to advance granted (291) 232 Motion to advance denied (835) 210 Motion to advance granted and case set for argument 37 days thereafter (300) 10 Joint motion to advance granted and case set for argument 17 days thereafter (178) 101 Motion to accelerate appeal (N.Y. Reapportionment) denied (1218) 328 Joint motion for acceleration of oral argument granted and cases heard same day (515-543). —_ 4 in ARGUMENTS—Continued Page Motion for acceleration of appeal granted and appellees allowed 7 days to file responses to statement as to juris- diction (1152) 295 Motion to expedite filing of briefs and to set for argument denied (948-949) 225 Motion to defer oral argument denied (46, 47, 57) 54 Motion to present oral argument, as amicus curiae, granted (5 Orig., 95-578, 489) 87,137,162 Motion to present oral argument, as amicus curiae, denied (5 Orig., 42, 63, 422) 9,87,185 Motion to remove from summary calendar granted (48) — 123 Motion to remove from summary calendar granted and cases allotted m hours (44-65, 245) 9, 209 Motion to remove from summary calendar denied (240, 345) 123,210 Motion to consolidate for oral argument granted (292-296) 224 Motion to consolidate for oral argument denied (443, 501, 789) 185,224 Motion to consolidate deferred to ruling on jurisdictional aspect of cases; subsequently granted (948-949) 225, 258 Two cases consolidated and 1 hour allotted for argument (778-810) . 233 Counsel requested to discuss in briefs and argument ques- tion of mootness as well as merits of case (491) 107 Argument directed to retroactivity of earlier opinion (877) 309 Motion for hearing denied in case in which certiorari had been granted and sanity of petitioner was questioned ( 1 ) _ 9 Cases removed from "argument list" in view of per curiam disposition upon stipulation of parties (624-625) 130 Case "continued" upon consideration of statement as to ju- risdiction to subsequent Court Conference before which parties were directed to advise Court by supplemental briefs as to status of "reapportionment" in Idaho (617) - 174 Motion to enlarge time for oral argument granted (237) 185 Case placed on summary calendar at time jurisdiction noted in companion case (491) 175 Eule to show cause issued on petitioners as to why writ of certiorari should not be dismissed for want of prosecu- tion where counsel failed to appear for oral argument; rule subsequently discharged when new counsel appeared for argument (355) 224,232 : : : IV ATTORNEYS: Pag» Counsel appointed on motion (Orville A. Harlan) (577) 87 (Daniel J. Meador) (843) 175 (Charles J. Bloch) (1023) 258 Motions for leave to withdraw appearances granted (437, 670, 578 Misc., 657) 137, 151, 232 Motion to strike unauthorized appearances denied (643-808) 236 Disbarment—Suspension and rule to show cause (Eldon C. Harris) (1139 Misc.) 232 (Bernard J. Hammett) (1140 Misc.) (Disbarment). 233, 308 Resignation of member of bar (Greenberry Simmons) (See opinion 38 O.T. 1964) 248 BRIEFS Time for filing briefs on merits fixed in order noting juris- diction (624-625) 124 Motion to accelerate filing of briefs and to advance denied (948 Misc.) 185 Motion for leave to file reply brief and supplemental brief after argument granted. Order recites that such briefs had been received and considered prior to opinion ren- dered same day (82) 185 Motion for leave to file supplemental brief after argument granted (202) 248 Motion to strike excerpts from motion to dismiss denied (553) 135 Motion to strike portions of amicus curiae briefs and ap- pendix denied (73) 137 Motion to strike respondents' brief denied (641, 802) 145, 191 Motion to strike tardy amicus curiae brief denied but party granted 30 days to reply to such brief (360) 161 Motion to strike portions of respondent's brief denied (757) 190 Motion to strike portions of opinion of USDC denied (757) 190 Motion to strike motion to dismiss or affirm for tardiness denied (935) 327 : : : V CERTIOKAKI: Page Denied same date as docketed (Presidential Nominee Gold- water sought equal television time 6 days prior to election day) . U.S. filed brief in opposition on date of filing and Court denied certiorari on Wednesday (636) 69 Certiorari denied on Wednesday (Goldwater "equal time" case) (636) 69 Writs dismissed as improvidently granted (31, 60, 443, 501 355) 73,133,208,283 Motion to docket petition for writ of certiorari nunc pro tunc so as to make filing timely, denied (640) 145 Motion to dismiss writ deferred to hearing on merits (906) _ 329 COSTS AND DAMAGES Motion to retax costs denied (138 O.T. 1963, 17) 74, 185 Motion to retax costs granted and judgment amended to provide for equal division of costs (300) 209 Motion to retax costs denied where vacation of state court judgment remanded to establish existence of certain facts—not an outright victory for petitioner (6) (See also Clerk's memorandum and correspondence re 843 and 923.) 295 In forma pauperis. Petitioner directed to file response to opposition to motion for leave to proceed in forma pau- peris. No action taken on motion for leave to proceed in forma pauperis but case to be heard on typed record (348) 137, 210 Motion for leave to proceed in forma pauperis (without opposition) denied. Case ordered to be heard on typed record (780) 329 JUDGMENTS, OPINIONS, AND MANDATES Judgments, etc. Judgment announced (240) 342 Judgment affirmed by equally divided Court (55) 100 Judgments issued forthwith (624-625, 56, 91, 229, 635) 130,256,344 Judgment and mandate (State) issued forthwith (111) 207 Judgment stayed for 60 days to afford parties oppor- tunity to proceed in USDC as outlined in opinion (26-30) „ 134 780-038—65 VI JUDGMENTS, OPINIONS, AND MANDATES—Continued Judgments, etc.—Continued Page Affirmed (USDC) insofar as it decides federal ques- tions. Insofar as other questions are concerned judgment vacated and case remanded for further consideration in light of supervening decisions of highest state court (661) 174 Affirmed (State) —Motion to affirm in one of two cases granted and single judgment affirmed as to both cases (386-412) 64 Reversed (CA) and remanded to CA after argument with directions to entertain petition for review upon "submission" by Solicitor General that judgment should be reversed for that purpose (23) 63 Reversed (CA) and case remanded to CA for entry of judgment enforcing order of FTC (62) 247 Reversed (CA) and judgment (Tax Court) affirmed. Remanded to CA for further proceedings in conform- ity with opinion (503) 276 Reversed (CA) and judgment (USDC) affirmed (17, 32-33) 106,122 Reversed (CA) and judgment (USDC) affirmed but no remand (32-33) 122 Reversed (CA) and remanded to USDC for a new trial (761) 247 Reversed (CA) in case in which judgment "announced" and remanded to USDC for further proceedings in conformity with "judgment" of this Court (240) 342 Vacated (OA) and case remanded to CA
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