“ Here, as in the cited decisions, we have a case in which, as a result of uncertainties in federal appellate procedures and without unreasonable action by petitioners, it is conceivable under the Court's modified opinion that an appellate review of the merits of the case may not only be unnecessarily delayed but even ultimately thwarted. What we have accomplished indirectly in the cited cases to the end of safeguarding the statutory right to appellate review we should be able to do directly in the exercise of our powers of appellate supervision. ”

“ On request of petitioners for a license ASCAP refused to fix a fee and, as provided by the amended consent decree, this application was filed for an order to fix a reasonable fee. The District Court found that the consent decree did not require ASCAP to issue the type of license petitioners requested and, therefore, dismissed the application. 208 F.Supp. 896. The petitioners took an appeal to the Court of Appeals and also perfected a direct one to this Court under § 2 of the Expediting Act. 15 U.S.C. § 29. We dismissed the appeal filed here for want of jurisdiction, 371 U.S. 540, 83 S.Ct. ”

“ United States, 312 U.S. 246, 254, 61 S.Ct. 480, 484, 85 L.Ed. 800. See also Walling v. James V. Reuter, Inc., 321 U.S. 671, 676-678, 64 S.Ct. 826, 828-829, 88 L.Ed. 1001; Oklahoma Gas & Electric Co. v. ”