OCTOBER TERM, 1967 REFERENCE INDEX CONTENTS: Page Statistics 11 General II Rules in Appeals in Arguments iv Attorneys v Briefs v Certiorari vi Costs and Damages., vn Extraordinary Writs vn Judgments, Opinions and Mandates vn Original Cases x Parties xi Records xi Rehearings xi Stays and Bail xi Conclusion xm 322-463-68 : : . II STATISTICS Original Appellate Miscella- Total neous Number of cases on dockets 10 1, 540 2, 036 3, 586 Cases disposed of 2 1, 338 1, 633 2, 973 Remaining on dockets 8 202 403 613 Cases disposed of—Appellate Docket By written opinions 155 By per curiam opinions or orders 204 By motion to dismiss or per stipulation (merits cases) 0 By denial or dismissal of petitions for certiorari 979 Cases disposed of—Miscellaneous Docket By written opinions 0 By denial or dismissal of petitions for certiorari 1,337 By denial or withdrawal of other applications 166 By granting of other applications 5 By per curiam dismissal of appeals 31 By other per curiam opinions or orders 67 By transfer to Appellate Docket 27 Number of written opinions 110 Number of printed per curiam opinions 19 Number of petitions for certiorari granted (Appellate) 97 Number of appeals in which jurisdiction was noted or post- poned (Appellate) 40 Number of admissions to bar 3,118 GENERAL: Court convened October 2, 1967 and adjourned June 17, page 1968 1, 505 Chief Justice temporarily allotted to USCA-6. No journal entry (February 6, 1968, during recess) Marshall, J., Commission read and Judicial Oath taken (Constitutional Oath administered by Black, J., Septem- ber 1, 1967) 1 Eeed, J., Designated and assigned to U.S. Court of Claims- 107 Ill GENEEAL—Continued Page Clark, J., Designated and assigned to U.S. Court of Cus- toms and Patent Appeals 126 Designated and assigned to U.S. Court of Claims 337 Allotment order 63 Clark, Ramsey, Attorney General, presented argument (645) 351 Griswold, Erwin N., Solicitor General presented 96 Friesen, Ernest C, Appointed Director of Administrative Office of United States Courts (December 11, 1967) 199 Building closed (April 5, 1968) in view of local civil disturbance. Delegation of 21 persons representing about 400 demonstrators presented their views to Clerk. RULES: Federal Rules of Appellate Procedure prescribed Decem- ber 4, 1967, effective July 1, 1968 144 Federal Rules of Civil Procedure amended December 4, 1967, effective July 1, 1968 (Rules 6, 9, 41, 77 and 81) 181 Federal Rules of Criminal Procedure amended December 4, 1967, effective July 1, 1968 (Rules 45, 49, 56 and 57) 183 APPEALS: Dismissed and certiorari granted (932) 483 Dismissed for failure to file notice of appeal within the time provided by Rule 11 ( 1668 Misc. ) 489 Failure to docket appeal within time fixed by Rule 13 held "not jurisdictional" (56 days late). (Footnote to per curiam opinion, 1393 Misc.) 391 U.S. 598 452 Dismissed (USDC) for want of jurisdiction (491) 89 Dismissed as moot (163) 217 Dismissed (State) for want of a properly presented federal question (1147) 484 Parties to proceedings directed to file notices of appeal and docket case within certain period to comply with terms of stay order (778-779) 113 Consideration of motion to docket and dismiss appeal post- poned pending consideration of any jurisdictional state- ment that may be filed. No jurisdictional statement filed and motion to docket and dismiss under Rule 14(3) granted. (Iaquinta v. New York City Employees Retire- ment System). Motion to vacate dismissal denied (1301) 263,362,490 : IV APPEALS—Continued Pace Appeal from action by Clerk in denying extension of time to file brief opposing certiorari. Clerk's action upheld (1046) 327 ARGUMENTS Motion to advance denied (1116-1117) 280 Joint motion to advance granted (1134, 1138) 280 Motion of amicus curiae to postpone oral argument denied (618) 207 Argument postponed sua sponte pending filing of certiorari in companion case (600) 264 Action on motion to participate in oral argument deferred 264 . (600) Motion for consecutive oral arguments denied (227) 194 Motion for additional time for argument and for permis- sion for three attorneys to participate denied (742) 311 Motion to consolidate "held" case with one in which certiorari had been granted, denied (528, 386 Misc.) 99, 195 Nine hours allotted for argument (60, et al.) Prior to argu- ment counsel agreed to and took only 5% hours 14 Four hours of argument and four attorneys per side allowed with division of time to be settled among counsel (778-779) 113 Twelve attorneys permitted to argue (778, 779, 830-836, Penn-Central Merger and Inclusion Cases) 184 Sixteen attorneys permitted to argue and eight hours allowed for oral argument (90, et al., Permian Basin Area Bate Cases) 186, 188 Motion of Bar Associations for leave to argue orally granted when their status as parties was in question (73) _ 221 After argument, parties were requested to advise Court within 10 days what effect, if any, the enactment of the Civil Rights Act of 1968 has upon this litigation (645) 371 Cases restored to calendar for reargument (813, 1134, 1138) 490 Restored to calendar for rebriefing and reargument ( 187 ) __ 263 Motion to modify order of remand set for argument and thereafter restored to calendar for reargument (133) __ 325, 490 : : V ARGUMENTS—Continued Page Motion to adduce additional testimony after argument denied in opinion (90, et al., Permian Basin Area Rate Cases) 399 Two cases granted and placed on summary calendar (1 hour) (232-233) 15 ATTORNEYS Motion for appointment of counsel granted (703, 726, 876, 482, 898, 1257, 1281, 1399, 1469) 90, 131, 194, 263, 278, 408, 409, 423, 491 Counsel appointed to support judgment of CA when both petitioner and respondent requested reversal (637) 195 Resignation of James Lee Werner (No. , O. T. 1966, In the Matter of Resignation of James Lee Werner) 11 Resignation of Charles H. Quimby, III (155 Misc.) 264 Disbarment of Earl J. Lombard (179 Misc.) 13 Disbarment of James M. McCullough (180 Misc.) 246 Suspension and disbarment of John Flather Ellis (995 Misc.) 132, 279 Suspension and disbarment of William R. O'Malley (1038 Misc.) 207, 279 Suspension and rule to show cause issued (Diana Kearny Powell, 882 Misc.) 99 Suspension and rule to show cause issued (Sol Rothbard, 1902 Misc.) 423 Time for filing return on rule to show cause on disbarment extended sua sponte as result of subsequent order of USDC (155 Misc.) 207 BRIEFS Motion to file supplemental brief after argument granted (75) 131 Motion for leave to file supplemental memorandum after argument granted (21) 206 Motion for leave to file petitioners' supplemental memoran- dum after argument granted ( 325 ) 408 Motion for leave to file amicus curiae brief after argument and decision denied (232-233) 441 Motion to dispense with printing brief of City Legal Aid Society, as amicus curiae, denied (701) 311 Motion to strike brief in opposition to certiorari denied (766) 230 VI BKIEFS—Continued Page State invited to submit brief and participate in oral argu- ment in case restored for reargument (187) 263 Briefing schedule expedited for parties supporting and attacking order of FPC (Permian Basin Area Rate Cases) 16 Motions to dismiss or affirm directed to be filed within limited time to comply with conditions of stay order (778-779) 113 U.S. and ICC requested to further clarify question of moot- ness (163) 90 CERTIORARI: Writs dismissed as improvidently granted (41, 68, 37, 702, 154) 98, 118, 216, 345, 482 Writ dismissed as improvidently granted without prejudice to application for federal habeas corpus (68) 118 Writ dismissed as improvidently granted in a 5-4 per curiam opinion (497) 389 Order granting certiorari subsequently limited sua sponte (801) 441 Granted limited to Court-framed question (344 Misc., 638 Misc., 1185 Misc.) 224, 333, 492 Granted and review limited to questions framed by Court which had not been raised or passed upon below (885, 1007 Misc.) 491 Denied for reason that petition was not timely filed ( 1154) _ 495 Denied without prejudice to application for writ of habeas corpus in the appropriate USDC (347, 371, 1090) 36, 494 Denied with dissenting opinions on question of existence of state of war in Vietnam (401) 103 Order denying certiorari vacated sua sponte and by per curiam the Court again denied certiorari assigning as its reason that "it is not yet ripe for review". (353) 193 Motion to dispense with printing extra copies of Appendix "C" to petition granted (661 Misc.) 142 Motion to dispense with printing opinion of USDC as appendix to petition, granted (724) 212 Motion to defer consideration of petition for certiorari granted (359 Misc.) 195 Joint motion to defer consideration of petitions granted (1038-1039) _ 453 : : : : VII CERTIORARI—Continued Pago Court denied appeal from action of Clerk in denying exten- sion of time to file brief opposing certiorari (1046) 327 Motion to Court (after denial by a Justice) to suspend the effectiveness of order denying certiorari denied (1088) 372 Motion for leave to file substituted petition for certiorari granted (326) 36 Further consideration of motion to dismiss writ postponed to hearing on merits. Court failed to act upon motion in opinion but denied motion after decision (43) 12, 366 COSTS AND DAMAGES Motion to retax costs so as to relieve payment of costs by counsel for Senate Committee denied (118 O.T. 1966) 11 Motion to retax costs granted and costs equally divided where merits of case not decided (624 O.T. 1966) 11 Motion to amend judgment and retax costs granted—judg- ment amended so as to tax one-half of costs in favor