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Appeal dismissed and certiorari denied.
Reported below: 240 S. C. 203, 125 S. E. 2d 353.
PER CURIAM.
The appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. [371 U.S. 184, 185]
PENSICK & GORDON, INC., v. CALIFORNIA MOTOR EXPRESS ET AL.
ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE NINTH CIRCUIT. No. 222.
Decided December 3, 1962.
Certiorari granted; judgment vacated; and case remanded.
Reported below: 302 F.2d 391.
Carl M. Gould for petitioner.
Theodore W. Russell, George L. Catlin and Joseph P. Loeb for respondents.
PER CURIAM.
The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the Court of Appeals for further consideration in light of Hewitt-Robins Inc. v. Eastern Freight-Ways, Inc., ante, p. 84.
MR. JUSTICE HARLAN, MR. JUSTICE STEWART, and MR. JUSTICE WHITE would affirm the judgment below for the reasons given in the dissenting opinion in Hewitt-Robins.
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Citation: 371 U.S. 184
No. 426
Decided: December 03, 1962
Court: United States Supreme Court
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