372 U.S.

No. 935, Misc. peals of New York.

April 22, 1963.

WHITE v. NEW YORK. Court of Ap-
Certiorari denied.

United

No. 940, Misc. JOHNSON v. UNITED STATES. States Court of Appeals for the District of Columbia Circuit. Certiorari denied. Petitioner pro se. Solicitor General Cox, Assistant Attorney General Miller and Beatrice Rosenberg for the United States.

No. 955, Misc. TARPLEY v. NEW YORK. Court of Appeals of New York. Certiorari denied.

No. 968, Misc. JONES v. MYERS, CORRECTIONAL SUPERINTENDENT. Supreme Court of Pennsylvania. Certiorari denied.

No. 1015, Misc. IN RE SNEBOLD. Supreme Court of California. Certiorari denied.

No. 1022, Misc. TAYLOR v. BOLES, WARDEN. Supreme Court of Appeals of West Virginia. Certiorari denied.

No. 1046, Misc. WASHINGTON V. PEGELOW. United States Court of Appeals for the District of Columbia Circuit. Certiorari denied. Petitioner pro se. Solicitor General Cox for respondent.

No. 796, Misc. BRAMBLE v. HEINZE, WARDEN, ET AL. Supreme Court of California. Certiorari denied. THE CHIEF JUSTICE took no part in the consideration or decision of this petition.

Rehearing Granted. (See No. 133, ante, p. 765.)

Rehearing Denied.

No. 743. STIRONE v. UNITED STATES, ante, p. 935. Petition for rehearing or in the alternative motion to remand denied.

No. 755, Misc. SHARROW v. UNITED STATES, ante, p. 949. Petition for rehearing denied. MR. JUSTICE WHITE took no part in the consideration or decision of this application.

No. 557, Misc. MILLER v. COMMISSIONER OF INTERNAL REVENUE, ante, p. 918. Motion for leave to file a petition for rehearing denied.

APRIL 26, 1963.

Dismissal Under Rule 60.

No. 866. MERRITT-CHAPMAN & SCOTT CORP. V. KENT, U.S. DISTRICT JUDGE. On petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit. Petition dismissed pursuant to Rule 60 of the Rules of this Court. Joseph F. Deeb for petitioner.

INDEX

ACCRUAL METHOD OF ACCOUNTING. See Taxation, 3.
ADMINISTRATIVE PROCEDURE. See Constitutional Law, VI;
Labor, 1, 3; Natural Gas Act; Reclamation; Transportation,
1-3.

ADMIRALTY. See also Jurisdiction, 1; Labor, 1.

1. Mutual fault collision-Computation of damages—Amount paid
to government employee for personal injuries.-In computing divided
damages resulting from mutual fault collision between government
dredge and privately owned ship, private shipowner was entitled to
include amount paid by it to government employee for personal
injuries sustained in collision, notwithstanding §7 (b) of Federal
Employees' Compensation Act. Weyerhaeuser S. S. Co. v. United
States, p. 597.

2. Towage Negligence-Liability-Exemption.-A towboat owner
may not validly contract against liability for its own negligence.
Dixilyn Drilling Corp. v. Crescent Towing Co., p. 697.

AIRLINES. See Constitutional Law, I, 1; Jurisdiction, 3.
ALIENS. See Jurisdiction, 1, 4; Labor, 1.

ANTITRUST ACTS.

1. Robinson-Patman Act-Constitutionality—Sales below cost to
destroy competition.-Section 3 of the Robinson-Patman Act, which
makes it a crime to sell goods at "unreasonably low prices for the pur-
pose of destroying competition or eliminating a competitor," is not
unconstitutionally vague as applied to sales made below cost without
any legitimate commercial objective and with specific intent to
destroy competition. United States v. National Dairy Products
Corp., p. 29.

2. Sherman Act-Motor manufacturers-Territorial restrictions on
resales by dealers-Summary judgment.-In civil suit charging per se
violations of §§ 1 and 3 of Sherman Act by franchise contracts of
motor manufacturers placing territorial restrictions on resales by
dealers, summary judgment was improperly granted and legality
should be determined only after a trial. White Motor Co. v. United
States, p. 253.

APPEALS. See Constitutional Law, IV, 2-4; Habeas Corpus, 2.

ARBITRATION AWARDS. See Jurisdiction, 3; Labor, 2.

ARMED FORCES. See Constitutional Law, III, 5; Estoppel.

ASSAULT. See Employers' Liability Act, 2.

ASSEMBLY. See Constitutional Law, VII.

ASSOCIATIONAL FREEDOM. See Constitutional Law, V, VII.
BANKRUPTCY.

Reorganization under Chap. X-Debtor remaining in possession-
Officers as "fiduciaries"-Penalties for trading in stock.-In proceed-
ing for reorganization of debtor corporation under Chap. X, wherein
debtor was permitted to remain in possession and officers to continue
in office, officers were "fiduciaries" within meaning of § 249 and sub-
ject to forfeiture of past and future compensation for trading in stock.
Wolf v. Weinstein, p. 633.

BANKS. See Jurisdiction, 5.

BARGE LINES. See Transportation, 1–2.

BREACH OF PEACE. See Constitutional Law, VII.

BUSINESS EXPENSES. See Taxation, 1-2.

CALIFORNIA. See Constitutional Law, IV, 2; Jurisdiction, 2;
Reclamation.

CENSORSHIP. See Constitutional Law, VI.

CENTRAL VALLEY RECLAMATION PROJECTS. See Juris-
diction, 2; Reclamation.

CITIZENSHIP. See Constitutional Law, III, 5; Estoppel.

CIVIL AERONAUTICS ACT. See Constitutional Law, I, 1.

COLORADO. See Constitutional Law, I, 1.

COMMERCE. See Antitrust Acts, 1-2; Constitutional Law, I, 1–2;
Jurisdiction, 1, 3-4; Labor, 1-3; Taxation, 4; Transportation,

1-3.

COMMUNISM. See Constitutional Law, V.

CONFESSIONS. See Constitutional Law, III, 1-2; Habeas Cor-
pus, 2.

CONFLICT OF LAWS. See Admiralty, 1; Constitutional Law,
I, 1-2.

CONSTITUTIONAL LAW. See also Antitrust Acts, 1; Habeas
Corpus, 1-2; Natural Gas Act; Procedure, 1-3, 5.

I. Commerce Clause.

1. Interstate airlines-State law forbidding racial discrimination
in hiring pilots.-A state law forbidding an interstate airline to
engage in racial discrimination in hiring pilots within the State does
not unduly burden interstate commerce; nor is field preempted by
Federal Aviation Act of 1958, Railway Labor Act or Executive
Orders. Colorado Anti-Discrimination Comm'n v. Continental Air
Lines, p. 714.

2. State sales tax - Goods shipped out of State. - Commerce
Clause of Federal Constitution did not prevent Utah from levying
and collecting sales tax on goods shipped out of State where passage
of title and delivery to purchaser took place within Utah. Utah Tax
Comm'n v. Pacific States Pipe Co., p. 605.

II. Double Jeopardy.

Second trial after jury had been impaneled to try same person
for same offense.-When jury had been impaneled in federal court
to try defendant on six counts and it was discharged over defendant's
objection because of absence of prosecution witness on two counts,
his plea of former jeopardy should have been sustained in another
trial two days later for same offenses. Downum v. United States,
p. 734.

III. Due Process.

1. State criminal trials - Confessions - Induced by drugs.-If
confession admitted in evidence over objection of defendant in state
criminal trial was induced by drugs administered to him by police
physician, it was constitutionally inadmissible in evidence. Town-
send v. Sain, p. 293.

2. State criminal trials-Confessions-Coerced by threats.-Con-
fession of state prisoner induced by threats to take away her children
and deprive her of state financial aid for their support was coerced,
and its admission in evidence violated Due Process Clause of Four-
teenth Amendment; its admission was not harmless error, even if
other evidence was sufficient to support conviction. Lynumn v.
Illinois, p. 528.

3. State criminal trials - Counsel for indigents - Noncapital
cases.-Trial and conviction in state court of indigent defendant in
noncapital felony case without assistance of counsel violates Four-
teenth Amendment. Gideon v. Wainwright, p. 335.

692-437 O-63-60