73 F.2d 1022 (1934) S. Davis WILSON et al., Appellants, v. PHILADELPHIA RAPID TRANSIT CO. No. 5629. Circuit Court of Appeals, Third Circuit. November 16, 1934. L. Stauffer Oliver, S. Davis Wilson, and Joseph Sharfsin, all of Philadelphia, Pa., for appellants. Frederic L. Ballard, George Wharton Pepper, and Allen Hunter White, all of Philadelphia, Pa., for appellee. Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges. PER CURIAM. On the facts stated and for the reasons given by the District...
73 F.2d 88 (1934) JONES & LAUGHLIN STEEL CORPORATION v. VANG et al. No. 5466. Circuit Court of Appeals, Third Circuit. September 27, 1934. Duncan, Leckie, McCreary, Schlitz & Hinslea, of Cleveland, Ohio, and William D. Evans, of Pittsburgh, Pa., for appellant. Blaxter & O'Neill, of Pittsburgh, Pa., and Lewis, Adler & Laws, of Philadelphia, Pa. (Otto Wolff, Jr., of Philadelphia, Pa., of counsel), for appellees. Before BUFFINGTON, WOOLLEY, and THOMPSON, Circuit Judges. WOOLLEY, Circuit Judge....
75 F.2d 25 (1934) BRUNN et al. v. WICHSER et al. No. 5464. Circuit Court of Appeals, Third Circuit. December 19, 1934. *26 John B. Nicklas, Jr., and McCrady, McClure, Nicklas & Hirschfield, all of Pittsburgh, Pa., for appellants. Walter P. Rainbow, of Pittsburgh, Pa., for appellee Wichser. Wm. H. Markus, of Pittsburgh, Pa., for appellee Concord Premium Building & Loan Ass'n. Before BUFFINGTON, WOOLLEY, and THOMPSON, Circuit Judges. WOOLLEY, Circuit Judge. Partners, trading as Ingomar Lumber...
72 F.2d 455 (1934) ROGERS, Collector of Internal Revenue, v. STRONG. [*] STRONG v. ROGERS, Collector of Internal Revenue. Nos. 5425, 5432. Circuit Court of Appeals, Third Circuit. August 1, 1934. *456 Hobart & Minard, of Newark, N. J. (Montgomery B. Angell, of New York City, George S. Hobart, of Newark, N. J., Charles J. Nourse, of New York City, and Weston Vernon, Jr., of Washington, D. C., of counsel), for Strong. Frank J. Wideman, Asst. Atty. Gen., Sewall Key and M. H. Eustace, Sp. Assts. to...
73 F.2d 5 (1934) SNYDER v. COMMISSIONER OF INTERNAL REVENUE. No. 5419. Circuit Court of Appeals, Third Circuit. September 18, 1934. Rehearing Denied October 24, 1934. Henry M. Ward, of Washington, D. C., for petitioner. *6 Frank J. Wideman, Asst. Atty. Gen., Lucius A. Buck, of Washington, D. C., and J. P. Jackson and Sewall Key, Sp. Assts. to Atty. Gen., for respondent. Before WOOLLEY, DAVIS, and THOMPSON, Circuit Judges. WOOLLEY, Circuit Judge. The Commissioner of Internal Revenue found a...
72 F.2d 408 (1934) COMMISSIONER OF INTERNAL REVENUE v. MERCHANTS' & MANUFACTURERS' FIRE INS. CO. No. 5398. Circuit Court of Appeals, Third Circuit. August 28, 1934. *409 Frank J. Wideman, Asst. Atty. Gen., and Sewall Key and J. P. Jackson, Sp. Assts. to the Atty. Gen., for petitioner. William H. Harding, of New York City, for respondent. Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges. THOMPSON, Circuit Judge. This is a petition for review of a decision of the Board of Tax Appeals. The...
72 F.2d 551 (1934) LIT et al. v. COMMISSIONER OF INTERNAL REVENUE. COMMISSIONER OF INTERNAL REVENUE v. LIT et al. Nos. 5397, 5420. Circuit Court of Appeals, Third Circuit. July 20, 1934. Wm. Clarke Mason and Henry Gross, both of Philadelphia, Pa., for Lit estate. Frank J. Wideman, Asst. Atty. Gen., and Sewall Key and Helen R. Carloss, Sp. Assts. to Atty. Gen., for the United States. Carroll G. Walter, of New York City, amicus curiæ. Before WOOLLEY, DAVIS, and THOMPSON, Circuit Judges. THOMPSON,...
72 F.2d 53 (1934) ALTOONA PUBLIX THEATRES, Inc., et al. v. AMERICAN TRI-ERGON CORPORATION et al. [*] Nos. 5392, 5393. Circuit Court of Appeals, Third Circuit. June 13, 1934. As Corrected August 6, 1934. Charles Neave, of New York City, Isaac D. Levy, of Philadelphia, Pa., Henry R. Ashton, of New York City, and Reese H. Harris, of Scranton, Pa., for appellants. Hugh M. Morris, of Wilmington, Del., S. Mortimer Ward, Jr., and Page S. Haselton, both of New York City, and Morgan S. Kaufman and...
71 F.2d 1021 (1934) UNITED STATES of America, on the relation of Albert R. KNIGHT, and Albert R. Knight, on His Own Behalf, Plaintiffs-Appellants, v. William L. MELLON, Defendant-Appellee. SAME v. H. L. STONE. SAME v. Gale R. NUTTY. SAME v. F. A. LEOVY. SAME v. W. J. GUTHRIE. SAME v. George S. DAVISON Nos. 5386-5391. Circuit Court of Appeals, Third Circuit. July 6, 1934. Wm. A. Gray, of Philadelphia, Pa., and Morris L. Marcus, of Pittsburgh, Pa., for appellants. William Watson Smith, of...
74 F.2d 895 (1934) J. R. WOOD & SONS, Inc., v. ABELSON'S, Inc. No. 5385. Circuit Court of Appeals, Third Circuit. December 18, 1934. Harry Lea Dodson, of New York City, and Harry B. Rook, of Newark, N. J., for appellant. Edwin Levisohn, of New York City, and Herbert L. Elins, of Newark, N. J., for appellee. Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges. BUFFINGTON, Circuit Judge. In the court below J. R. Wood & Sons, Inc., owners of design patent No. 87,097, granted June 7, 1932, for "...
71 F.2d 159 (1934) UNITED STATES ex rel. BERNSTEIN v. HILL, Warden. No. 5325. Circuit Court of Appeals, Third Circuit. May 8, 1934. Herman F. Reich, Asst. U. S. Atty., of Sunbury, Pa., for appellee. Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges. PER CURIAM. This is an appeal from an order by Judge Woolley declining to entertain an original petition for writ of habeas corpus. The order reads: "In order to preserve my appellate jurisdiction and to insure the orderly conduct of the...
72 F.2d 883 (1934) COMMISSIONER OF INTERNAL REVENUE v. PITTSBURGH ATHLETIC CO. No. 5324. Circuit Court of Appeals, Third Circuit. September 11, 1934. Frank J. Wideman, Asst. Atty. Gen., Sewall Key and John G. Remey, Sp. Assts. to Atty. Gen., and Carlton Fox, of Washington, D. C., for petitioner. John R. Yates, of Washington, D. C., for respondent. Before DAVIS and THOMPSON, Circuit Judges, and FAKE, District Judge. THOMPSON, Circuit Judge. This is a petition for review of a decision of the...
72 F.2d 407 (1934) HORNER v. COMMISSIONER OF INTERNAL REVENUE. No. 5305. Circuit Court of Appeals, Third Circuit. July 26, 1934. Thomas D. McCloskey, Fred C. Houston, Kinnear, McCloskey & Best, and Arthur W. Henderson, of Pittsburgh, Pa., for petitioner *408 Frank J. Wideman, Asst. Atty. Gen., J. Louis Monarch, S. Dee Hanson, Sp. Assts. to Atty. Gen., for respondent. Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges. THOMPSON, Circuit Judge. This is a petition for review of a decision of...
72 F.2d 950 (1934) COMMISSIONER OF INTERNAL REVENUE v. TYLER et al. No. 5297. Circuit Court of Appeals, Third Circuit. September 11, 1934. Walter L. Barlow and Sewall Key, both of Washington, D. C., for petitioner. Wm. R. Spofford and Dudley T. Easby, Jr., both of Philadelphia, Pa., for respondents. Before DAVIS and THOMPSON, Circuit Judges, and FAKE, District Judge. THOMPSON, Circuit Judge. This is a petition for review of a decision of the Board of Tax Appeals. The facts, as set forth in the...
70 F.2d 392 (1934) OSTHAUS v. BUTTON et al. No. 5294. Circuit Court of Appeals, Third Circuit. March 27, 1934. *393 Vosburg & Vosburg and A. A. Vosburg, all of Scranton, Pa., for appellant. Walter Harris, of Scranton, Pa., for appellees. Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges. THOMPSON, Circuit Judge. This is an appeal by C. E. Osthaus, defendant below, from an order of the District Court for the Middle District of Pennsylvania quashing an original and alias writ of scire facias....
73 F.2d 385 (1934) TITSWORTH v. COMMISSIONER OF INTERNAL REVENUE. No. 5291. Circuit Court of Appeals, Third Circuit. October 3, 1934. Rehearing Denied December 3, 1934. Richard S. Tuthill, of Chicago, Ill., for petitioner. Carlton Fox, of Washington, D. C., Frank J. Wideman, Asst. Atty. Gen., and Sewall Key and John G. Remey, Sp. Assts. to the Atty. Gen., for respondent. Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges. THOMPSON, Circuit Judge. This is a petition for review of a decision...
73 F.2d 184 (1934) NEW YORK ESKIMO PIE CORPORATION v. RATAJ et al. No. 5289. Circuit Court of Appeals, Third Circuit. September 27, 1934. James Alan Montgomery, Jr., Layton M. Schoch, and Richard A. Smith, all of Philadelphia, Pa., for appellant. Michael D. Hayes and Francis M. McAdams, both of Philadelphia, Pa., for appellees. Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges. DAVIS, Circuit Judge. The facts in this case were found by a jury in the District Court and are undisputed. The...
69 F.2d 3 (1934) SMITH v. MORRIS et al. No. 5263. Circuit Court of Appeals, Third Circuit. February 21, 1934. Sidney E. Smith in pro. per. and A. J. Davis, both of Philadelphia, Pa., for appellant. Aaron Finger and Richards, Layton & Finger, all of Wilmington, Del., for appellees. Before WOOLLEY, DAVIS, and THOMPSON, Circuit Judges. WOOLLEY, Circuit Judge. A bill was filed in the District Court of the United States for the District of Delaware against Peoples' Light and Power Corporation,...
69 F.2d 748 (1934) UNITED STATES v. CLARKE. No. 5262. Circuit Court of Appeals, Third Circuit. March 1, 1934. *749 Charles D. McAvoy, U. S. Atty., and Thomas J. Curtin, Asst. U. S. Atty., both of Philadelphia, Pa. (P. E. Miller, Sp. Atty., Bureau of Internal Revenue and E. Barrett Prettyman, Gen. Counsel, Bureau of Internal Revenue, both of Washington, D. C., of counsel), for the United States. Ernest Scott, of Philadelphia, Pa. (Pepper, Bodine, Stokes & Schoch, of Philadelphia, Pa., of counsel)...
69 F.2d 38 (1934) McNALLY v. HILL. No. 5257. Circuit Court of Appeals, Third Circuit. February 13, 1934. *39 Nathan Fink, of Scranton, Pa., for appellant. Herman F. Reich, of Sunbury, Pa., for appellee. Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges. WOOLLEY, Circuit Judge. McNally, with others, was tried, convicted and, upon nearby days, was sentenced on all counts of two indictments framed under the Conspiracy Act (Cr. Code § 37 [18 US CA § 88]) and the National Motor Vehicle Theft Act,...
