No. 1843, Misc. LEHMAN V. NEW JERSEY. Super. Ct. N. J. Certiorari denied. Gerald T. Foley, Jr., for petitioner. James A. O'Neill and Henry Gorelick for respondent.

No. 1854, Misc. STEAD v. UNITED STATES. C. A. 8th Cir. Certiorari denied. Solicitor General Griswold for the United States. Reported below: 422 F. 2d 183.

No. 1845, Misc. COLLINS v. UNITED STATES. C. A. D. C. Cir. Certiorari denied. Richard T. Conway for petitioner. Solicitor General Griswold for the United States.

No. 1850, Misc. ALEXANDER v. UNITED STATES. C. A. 5th Cir. Certiorari denied. Sam Sparks for petitioner. Solicitor General Griswold for the United States. Reported below: 421 F. 2d 669.

No. 1856, Misc. BECKETT V. NEW JERSEY. Super. Ct. N. J. Certiorari denied. Robert N. McAllister, Jr., for respondent.

No. 1858, Misc. MORALES v. CRAVEN, WARDEN. C. A. 9th Cir. Certiorari denied.

No. 1860, Misc. SHERROD V. WARDEN, MARYLAND HOUSE OF CORRECTION. C. A. 4th Cir. Certiorari denied.

No. 1863, Misc. GUERRERO V. BETO, CORRECTIONS DIRECTOR. Ct. Crim. App. Tex. Certiorari denied.

No. 1865, Misc. DISHMAN v. FITZHARRIS, TRAINING FACILITY SUPERINTENDENT, ET AL. Sup. Ct. Cal. Certiorari denied.

1

No. 1868, Misc. VLADIKA v. GERNERT. C. A. 3d Cir. Certiorari denied.

No. 1879, Misc. REYES-MEZA DEPOLANCO v. UNITED STATES. C. A. 9th Cir. Certiorari denied. Solicitor General Griswold for the United States. Reported below: 422 F. 2d 1304.

Rehearing Denied

No. 1328, October Term, 1968.

SOURI PACIFIC RAILROAD Co.; and

LEVIN ET AL. v. MIS

No. 1333, October Term, 1968. SLAYTON ET AL. v. MISSOURI PACIFIC RAILROAD Co., 395 U. S. 937. Motion for leave to file petition for rehearing denied. THE CHIEF JUSTICE took no part in the consideration or decision of this motion.

RISPO v. PENNMotion for leave

No. 1900, Misc., October Term, 1968. SYLVANIA, 395 U. S. 983, 396 U. S. 871. to file second petition for rehearing denied. THE CHIEF JUSTICE took no part in the consideration or decision of this motion.

No. 347. CAIN ET AL. v. KENTUCKY, ante, p. 319; No. 852. STERN MAN V. UNITED STATES, ante, p. 907; No. 1182. OHLSON ET AL. v. PHILLIPS ET AL., ante,

p. 317;

No. 1204. MADOLE V. OKLAHOMA EX REL. DEPARTMENT OF HIGHWAYS OF OKLAHOMA, ante, p. 991;

No. 1238. TEMPLE V. NORTH CAROLINA STATE BAR, ante, p. 1023; and

No. 1332, Misc. REHFIELD v. UNITED STATES, ante, p. 996. Petitions for rehearing denied.

No. 825. HUTUL v. UNITED STATES, 396 U. S. 1012. Motion for leave to file petition for rehearing denied.

397 U.S.

May 12, 14, 1970

MAY 12, 1970

Dismissal Under Rule 60

No. 1768, Misc. ROBINSON ET AL. v. HACKNEY, ComMISSIONER, DEPARTMENT OF PUBLIC WELFARE OF TEXAS, ET AL. Appeal from D. C. S. D. Tex. Appeal dismissed pursuant to Rule 60 of the Rules of this Court. Ed J. Polk and Peter E. Sitkin for appellants. Crawford C. Martin, Attorney General of Texas, Nola White, First Assistant Attorney General, Alfred Walker, Executive Assistant Attorney General, and W. O. Shultz II and John H. Banks, Assistant Attorneys General, for appellees. Reported below: 307 F. Supp. 1249.

Miscellaneous Order

No.

MAY 14, 1970

BYRNE, DISTRICT ATTORNEY OF SUFFOLK COUNTY V. P. B. I. C., INC., ET AL. D. C. Mass. Stay heretofore issued by the United States District Court for the District of Massachusetts staying its injunction dated May 6, 1970, is extended through May 22, 1970. Garrett H. Byrne, pro se, Robert H. Quinn, Attorney General of Massachusetts, and John J. Irwin, Jr., and Lawrence P. Cohen, Assistant Attorneys General, for applicant. Harold Katz in opposition. Reported below: 313 F. Supp. 757.

INDEX

ABSTENTION. See also Procedure, 1.

State constitutional question-Commercial salmon fishing licenses-
Federal-state relations.-District Court should have abstained from
deciding case on merits pending resolution of state constitutional
question by Alaska courts, a procedure that could conceivably avoid
any decision under the Fourteenth Amendment and any possible
irritant in the federal-state relationship. Reetz v. Bozanich, p. 82.
ACCOUNTANTS' FEES. See Taxes, 2.

ADDRESSEES OF MAIL. See Constitutional Law, III, 2; V, 2.
ADEQUATE STATE GROUNDS. See Pleas, 3, 5; Procedure, 2.
ADMINISTRATION OF JUSTICE. See Constitutional Law, IX,
1-2; Procedure, 5.

ADMINISTRATIVE HEARINGS. See Constitutional Law, III,
2; V, 2.

ADMINISTRATIVE PROCEDURE. See also Federal-State Re-
lations; Indians; Judicial Review, 4; Jurisdiction, 3; Moot-
ness; National Labor Relations Board, 1-2; Procedure, 8;
Social Security Act, 3.

1. Department of Health, Education, and Welfare-Needy chil-
dren-Income of man in the house.-HEW regulation validly imple-
ments the Social Security Act since HEW could reasonably conclude
that only a person as near as a real or adoptive father would be
has the consensual relation to the family that makes it reliably
certain that his income is actually available for support of the
children in the household. Lewis v. Martin, p. 552.

2. Interstate Commerce Commission - Agency rules - Compli-
ance. These ICC rules are mere aids to exercise of agency's inde-
pendent discretion and District Court exacted standard of com-
pliance with these procedural rules that was wholly unnecessary to
provide an adequate record to review the ICC's decision. American
Farm Lines v. Black Ball, p. 532.

3. Interstate Commerce Commission-Petitions for rehearing-
Conflict with District Court.-ICC's statutory jurisdiction to pass
on petitions for rehearing may be exercised to add to or buttress
its findings, absent any interference with or injunction from the

ADMINISTRATIVE PROCEDURE—Continued.

District Court. Here the ICC honored the court's stay order and
reopened record merely to remedy a deficiency before any judicial
review on merits had begun and acted in full harmony with that
court's jurisdiction. American Farm Lines v. Black Ball, p. 532.
ADMINISTRATIVE PROCEDURE ACT. See Bank Service Cor-

poration Act of 1962; Food and Agriculture Act of 1965;
Indians; Judicial Review, 2, 4–5; Standing to Sue, 1–2.
ADMINISTRATIVE REMEDIES. See Judicial Review, 1; Juris-
diction, 1-2; Social Security Act, 2.

ADMIRALTY. See also Employer and Employees; Social Se-
curity Taxes.

Captains and crews of fishing boats-Social security taxes-Em-
ployer and employees.-Status of captains and crews under Federal
Insurance Contributions Act and Federal Unemployment Tax Act
must in this instance be determined under the standards of mari-
time law, which is the common law of seafaring men. United States
v. Webb., Inc., p. 179.

ADOPTIVE FATHERS. See Administrative Procedure, 1; Fed-
eral-State Relations; Social Security Act, 3.

ADVERTISEMENTS. See Constitutional Law, III, 2; V, 2.
ADVICE OF COUNSEL. See Federal Kidnaping Act; Pleas,
1-5; Procedure, 2.

ADVOCACY OF IDEAS. See Constitutional Law, VII; Pro-
cedure, 6.

AGENCY ACTION. See Bank Service Corporation Act of 1962;
Food and Agriculture Act of 1965; Judicial Review, 2, 5;
Standing to Sue, 1-2.

AGENCY RULES. See Administrative Procedure, 2-3; Juris-
diction, 3.

AGGRIEVED PERSONS. See Bank Service Corporation Act of
1962; Food and Agriculture Act of 1965; Judicial Review,
2, 5; Standing to Sue, 1-2.

AGRICULTURAL PRODUCTS. See Constitutional Law, I, 1-2.
AGRICULTURAL PROGRAMS. See Food and Agriculture Act
of 1965; Judicial Review, 5; Standing to Sue, 2.

AID TO FAMILIES WITH DEPENDENT CHILDREN. See
Administrative Procedure, 1; Constitutional Law, III, 3; IV,
1; Federal-State Relations; Judicial Review, 1; Jurisdiction,
1-2; Procedure, 10; Social Security Act, 1–3.