KIRSCHKE v. CITY OF HOUSTON 364 U.S. 474 (1960)

Appeal dismissed since the judgment below is based on a nonfederal ground adequate to support it.

Bennett B. Patterson for appellants.

R. H. Burks and Homer T. Bouldin for appellee.

PER CURIAM.

The appeal herein is dismissed for the reason that the judgment of the Supreme Court of Texas, sought here to be reviewed, is based upon a nonfederal ground adequate to support it.

364 U.S. 474 (1960) ">

Appeal dismissed and certiorari denied.

Reported below: 7 N. Y. 2d 571, 166 N. E. 2d 840.

Louis Mansdorf for appellant.

George Boldman and Eliot H. Lumbard for appellee.

PER CURIAM.

The motion to dismiss is granted and the appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for certiorari, certiorari is denied.

THE CHIEF JUSTICE, MR. JUSTICE BLACK and MR. JUSTICE DOUGLAS are of the opinion that probable jurisdiction should be noted. [364 U.S. 474, 475]