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UNITED STATES REPORTS

VOLUME 394

CASES ADJUDGED

IN

THE SUPREME COURT

AT

OCTOBER TERM, 1968

OPINIONS OF MARCH 3 (CONCLUDED) THROugh May 12, 1969
ORDERS OF MARCH 10 THROUGH May 12, 1969

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For sale by the Superintendent of Documents, U.S. Government Printing Office
Washington, D.C. 20402

REPRINTED IN TAIWAN

JUSTICES

OF THE

SUPREME COURT

DURING THE TIME OF THESE REPORTS.

EARL WARREN, CHIEF JUSTICE.
HUGO L. BLACK, ASSOCIATE JUSTICE.
WILLIAM O. DOUGLAS, ASSOCIATE JUSTICE.
JOHN M. HARLAN, ASSOCIATE JUSTICE.
WILLIAM J. BRENNAN, JR., ASSOCIATE JUSTICE.
POTTER STEWART, ASSOCIATE JUSTICE.
BYRON R. WHITE, ASSOCIATE JUSTICE.
ABE FORTAS, ASSOCIATE JUSTICE.

THURGOOD MARSHALL, ASSOCIATE JUSTICE.

RETIRED.

STANLEY REED, ASSOCIATE JUSTICE.
TOM C. CLARK, ASSOCIATE JUSTICE.

JOHN N. MITCHELL, ATTORNEY GENERAL.
ERWIN N. GRISWOLD, SOLICITOR GENERAL.
JOHN F. DAVIS, CLERK.

HENRY PUTZEL, jr., REPORTER OF DECISIONS.
T. PERRY LIPPITT, MARSHAL.

HENRY CHARLES HALLAM, JR., LIBRARIAN.

III

SUPREME COURT OF THE UNITED STATES.

ALLOTMENT OF JUSTICES.

It is ordered that the following allotment be made of the Chief Justice and Associate Justices of this Court among the circuits, pursuant to Title 28, United States Code, Section 42, and that such allotment be entered of record, viz.:

For the District of Columbia Circuit, EARL WARREN, Chief Justice.

For the First Circuit, ABE FORTAS, Associate Justice. For the Second Circuit, JOHN M. HARLAN, Associate Justice.

For the Third Circuit, WILLIAM J. BRENNAN, JR., Associate Justice.

For the Fourth Circuit, EARL WARREN, Chief Justice. For the Fifth Circuit, HUGO L. BLACK, Associate Justice.

For the Sixth Circuit, POTTER STEWART, Associate Justice.

For the Seventh Circuit, THURGOOD MARSHALL, Associate Justice.

For the Eighth Circuit, BYRON R. WHITE, Associate Justice.

For the Ninth Circuit, WILLIAM O. DOUGLAS, Associate Justice.

For the Tenth Circuit, BYRON R. WHITE, Associate Justice.

October 9, 1967.

(For next previous allotment, see 382 U. S., p. v.)

IV

DEATH OF GENERAL DWIGHT D. EISENHOWER.

SUPREME COURT OF THE UNITED STATES.

MONDAY, MARCH 31, 1969.

Present: MR. CHIEF JUSTICE WARREN, MR. JUSTICE BLACK, MR. JUSTICE HARLAN, MR. JUSTICE BRENNAN, MR. JUSTICE STEWART, MR. JUSTICE WHITE, MR. JUSTICE FORTAS, and MR. JUSTICE MARSHALL.

THE CHIEF JUSTICE said:

The Court meets this morning for the sole purpose of paying tribute to the memory of Dwight D. Eisenhower, the thirty-fourth President of the United States.

The passing of General Dwight D. Eisenhower closes an illustrious chapter of world history. His accomplishments in war and peace distinguish him as one of the great men of this century.

As Supreme Military Commander of the forces of the free world during the greatest crisis in world history, he made possible one more opportunity for honorable and lasting universal peace.

As a civilian statesman, his dedication was to that cause, and as President of the United States that became his preoccupation. He was a civilian at heart and espoused the simple virtues of American life. He was generous in spirit and action and endowed with a cheerful and understanding nature that endeared him to people everywhere without regard to politics or divisive issues. General Eisenhower's passing will be mourned by people of good will throughout the world.

Out of respect for his memory, the Court will stand adjourned until ten o'clock tomorrow morning.

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