171 Opinion of HARLAN, J. testified that he did not believe that he could have found new executives for Nashville Bank, in light of its overall situation. Although there was testimony in rebuttal, including that of another recruiter of executives, to the effect that the problems were not unsolvable, I cannot conclude that the District Court committed error when it held that "While there is some conflict, the preponderance of the evidence is that it would have been practically impossible within any reasonable period of time to obtain adequate managerial replacements either from within the bank or from the outside, a product of the bank's failure. . . to provide itself with the facilities, procedures and equipment required to maintain a competitive posture." 260 F. Supp. 869, 881. In sum, what I would consider to be the scope of the proceedings on remand is this. In light of our holding that a Clayton Act violation has been made out, further consideration of the first-step antitrust issue by the District Court is foreclosed. Believing, as I do but contrary to the Court, that the findings already made by the District Court as to the alternatives to merger are adequate, in my view the only question for the District Court to consider respecting the second step is whether, because of its character in light of the antitrust standard now set forth, the antitrust violation should yield to other factors bearing on public "convenience and needs." An account of Nashville Bank's overall situation appears in the Court's opinion, ante, at 175–176. 390 U.S. March 4, 1968. RAINWATER ET AL. v. FLORIDA. ON PETITION FOR WRIT OF CERTIORARI TO THE DISTRICT COURT OF APPEAL OF FLORIDA, THIRD DISTRICT. No. 18. Decided March 4, 1968. Certiorari granted; 186 So. 2d 278, vacated and remanded. Alfred L. Scanlan and J. Edward Worton for petitioners. Solicitor General Marshall filed a memorandum for the United States. PER CURIAM. The petition for a writ of certiorari is granted, the judgment of the court below is vacated, and the case is remanded for further consideration in the light of Marchetti v. United States, ante, p. 39. Cf. Hoffa v. United States, 387 U. S. 231; Kolod v. United States, ante, p. 136. MR. JUSTICE MARSHALL took no part in the consideration or decision of this case. ROBERTS v. WARDEN, MARYLAND APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. No. 950, Misc. Decided March 4, 1968. Appeal dismissed and certiorari denied. PER CURIAM. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for a writ of certiorari, certiorari is denied. The judgment of the Supreme Court of Missouri is vacated and the case is remanded to that court for further consideration in the light of Marchetti v. United States, ante, p. 39. WYNN ET AL. v. BYRNE, COUNTY PROSECUTOR. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY. No. 977. Decided March 4, 1968. Vacated and remanded. Robert L. Carter, Martin Garbus and Morton Stavis for appellants. Thomas P. Ford, Jr., for appellee. PER CURIAM. The judgment of the United States District Court for the District of New Jersey is vacated and the cause is remanded to that court for further proceedings. Moody v. Flowers, 387 U. S. 97, at 104. MR. JUSTICE BLACK would affirm the judgment. 390 U.S. March 4, 1968. ARGO v. ALABAMA. ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF ALABAMA. No. 121, Misc. Decided March 4, 1968. Certiorari granted; 280 Ala. 707, 195 So. 2d 819, vacated and remanded. MacDonald Gallion, Attorney General of Alabama, and John C. Tyson III, Assistant Attorney General, for respondent. PER CURIAM. The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the Supreme Court of Alabama for further consideration in light of Long v. District Court of Iowa, 385 U. S. 192. ROBISON v. UNITED STATES. ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. No. 451, Misc. Decided March 4, 1968. Certiorari granted; 379 F. 2d 338, vacated and remanded. Solicitor General Griswold for the United States. PER CURIAM. The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. In light of the representations of the Solicitor General and our own independent consideration of the entire record, the judgment is vacated and the case is remanded to the District Court for the Northern District of California for further consideration. JUSTICE ET UX. v. UNITED STATES ET AL. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF KENTUCKY. No. 570. Decided March 4, 1968. 274 F. Supp. 283, affirmed. Francis D. Burke for appellants. Acting Solicitor General Spritzer, Assistant Attorney General Rogovin and Joseph M. Howard for the United States et al. PER CURIAM. The motion to affirm is granted and the judgment is affirmed. JONES v. RUSSELL, WARDEN. ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF TENNESSEE. No. 407, Misc. Decided March 4, 1968. Certiorari granted; vacated and remanded. George F. McCanless, Attorney General of Tennessee, and Paul E. Jennings, Assistant Attorney General, for respondent. PER CURIAM. The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. Upon the representations of the Attorney General and our own independent consideration of the entire case, the judgment is vacated and the case remanded to the Supreme Court of Tennessee for further proceedings. |