EISLER v. UNITED STATES

No. 255.

338 U.S. 189 (1949)

69 S.Ct. 1453

93 L.Ed. 1897

EISLER v. UNITED STATES.

Supreme Court of United States.

Decided June 27, 1949.


Attorney(s) appearing for the Case

David Rein and Abraham J. Isserman argued the cause for petitioner. With them on the brief were Carol King and Joseph Forer.

Solicitor General Perlman argued the cause for the United States. With him on the brief were Assistant Attorney General Campoell, Robert L. Stern, Robert S. Erdahl and Harold D. Cohen. Attorney General Clark was also with Mr. Perlman on a memorandum.

Briefs of amici curiae supporting petitioner were filed by Arthur Garfield Hays and Osmond K. Fraenkel for the American Civil Liberties Union; Lee Epstein for the American Committee for Protection of Foreign Born; Robert W. Kenny, Bartley C. Crum and Martin Popper for Herbert Biberman et al.; Robert J. Silberstein and Arthur G. Silverman for the National Lawyers Guild; and O. John Rogge and Benedict Wolf for Edward K. Barsky et al.


PER CURIAM.

Petitioner's flight from the country after the grant of his petition for writ of certiorari and after the submission of his cause on the merits necessitates a decision as to the disposition now to be made of this case. Since the petitioner by his own volition may have rendered moot any judgment on the merits, we must, as a matter of our own practice, decide whether the submission should be set aside and the writ of certiorari dismissed or whether we should...

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