Ex parte United States

The motion for leave to file the petition is granted. The petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit is granted. The order of that court of May 3,1943, denying for want of jurisdiction — which we construe to mean want of power to consider on the merits — the Government’s motion for leave to file a petition for a writ of prohibition and/or a writ of mandamus, is vacated on the authority of Ex *731parte United States, 287 U. S. 241, 248-9, Ex parte Peru, 318 U. S. 578, and Roche v. Evaporated Milk Assn., ante, p. 21. The cause is remanded to the Circuit…