390 U.S.

March 4, 1968.

DECESARE ET AL. v. UNITED STATES.

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT.

No. 11. Decided March 4, 1968.*

Certiorari granted; No. 11, 356 F. 2d 107; No. 17, 361 F. 2d 220;

No. 19, 363 F. 2d 374; No. 24, 366 F. 2d 770; No. 30, 368 F. 2d 692; No. 45, 369 F. 2d 106; and No. 567, 375 F. 2d 1012, vacated and remanded.

Allen David Stolar for petitioners in No. 11. Newton B. Schwartz for petitioner in No. 17. Ollie Lancaster, Jr., for petitioners in No. 19. Francis L. Giordano for petitioner in No. 24. Patrick T. McGahn, Jr., for petitioner in No. 30. Robert J. O'Hanlon and Richard L. Daly for petitioner in No. 45. B. Clarence Mayfield for petitioner in No. 567.

Solicitor General Marshall for the United States in No. 11. Solicitor General Marshall, Assistant Attorney General Vinson, Beatrice Rosenberg and Mervyn Hamburg for the United States in No. 17. Solicitor General Marshall, Assistant Attorney General Vinson, Miss Rosenberg and Robert G. Maysack for the United States in Nos. 19 and 30. Solicitor General Marshall, Assistant Attorney General Vinson, Miss Rosenberg and Sidney M. Glazer for the United States in No. 24. Solicitor General Marshall, Assistant Attorney General Vinson, Miss Rosenberg and Kirby W. Patterson for the United States in No. 45. Acting Solicitor General Spritzer, Assistant

*Together with No. 17, Butler v. United States; No. 19, Brazzell et al. v. United States; No. 24, Rosenzweig v. United States; No. 30, Augello v. United States; No. 45, Gennaro v. United States; and No. 567, Mutcherson v. United States, all on petitions for writs of certiorari. Nos. 17, 19, and 567 are to the Court of Appeals for the Fifth Circuit, No. 24 to the Second Circuit, No. 30 to the Third Circuit, and No. 45 to the Eighth Circuit.

Attorney General Vinson and Miss Rosenberg for the United States in No. 567.

PER CURIAM.

The petitions for writs of certiorari are granted, the judgments of the courts below are vacated, and the cases are remanded for further consideration in the light of Marchetti v. United States, ante, p. 39. See also 28 U. S. C. § 2106 and Grosso v. United States, ante, p. 62.

MR. JUSTICE MARSHALL took no part in the consideration or decision of Nos. 11, 17, 19, 24, 30, and 45.

COSTELLO v. UNITED STATES.

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR

THE SECOND CIRCUIT.

No. 3. Decided March 4, 1968.

352 F. 2d 848, vacated and remanded.

Ira B. Grudberg and Jacob D. Zeldes for petitioner.

Solicitor General Marshall, Assistant Attorney General Vinson, Francis X. Beytagh, Jr., Beatrice Rosenberg and Theodore George Gilinsky for the United States.

PER CURIAM.

Upon the suggestion of mootness by reason of the death of the petitioner, the judgment of the United States Court of Appeals for the Second Circuit is vacated and the case is remanded to the United States District Court for the District of Connecticut for such disposition as law and justice require.

MR. JUSTICE MARSHALL took no part in the consideration or decision of this case.

March 4, 1968.

PICCIOLI v. UNITED STATES.

ON PETITION

390 U.S.

FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT.

No. 4. Decided March 4, 1968.*

Certiorari granted; No. 4, 352 F. 2d 856; No. 5, 354 F. 2d 224;

No. 6, 354 F. 2d 27; No. 10, 355 F. 2d 924, 356 F. 2d 324; No. 32, 367 F. 2d 347; No. 374, 379 F. 2d 394; and No. 2, Misc., 352 F. 2d 848, vacated and remanded.

Alfred Belinkie for petitioner in No. 4. Edward G. Burstein for petitioner in No. 5. David Goldstein and Jacob D. Zeldes for petitioner in No. 6. Francis J. DiMento, Paul J. Burns and Ronald R. Popeo for petitioners in No. 10. Albert J. Krieger and Robert Kasanof for petitioners in No. 32. Max M. Barr for petitioner in No. 374.

Solicitor General Marshall, Assistant Attorney General Vinson, Beatrice Rosenberg and Marshall Tamor Golding for the United States in No. 4 and No. 2, Misc. Solicitor General Marshall for the United States in Nos. 5, 6 and 10. Solicitor General Marshall, Assistant Attorney General Vinson and Miss Rosenberg for the United States in No. 32. Acting Solicitor General Spritzer, Assistant Attorney General Vinson, Miss Rosenberg and Jerome M. Feit for the United States in No. 374.

PER CURIAM.

The petitions for writs of certiorari are granted, the judgments of the courts below are vacated, and the cases

*Together with No. 5, Millo v. United States; No. 6, Grassia v. United States; No. 10, Driscoll et al. v. United States; No. 32, Serao et al. v. United States; No. 374, Wrieole v. United States; and No. 2, Misc., Gjanci v. United States, all on petitions for writs of certiorari. Nos. 5, 6, 32, and 2, Misc., are to the United States Court of Appeals for the Second Circuit, No. 374 to the Third Circuit, and No. 10 to the First Circuit. The motion for leave to proceed in forma pauperis in No. 2, Misc., is also granted.

are remanded for further consideration in the light of Marchetti v. United States, ante, p. 39.

MR. JUSTICE MARSHALL took no part in the consideraation or decision of these cases.

FORGETT v. UNITED STATES.

ON PETITION FOR REHEARING.

No. 861, October Term, 1965. Decided March 4, 1968.

Rehearing granted and denial of certiorari, 383 U. S. 926, vacated. Certiorari granted; 349 F. 2d 601, vacated and remanded.

Charles J. Irwin, Eugene Gressman and Arthur L. Abrams on the petition for rehearing.

PER CURIAM.

The petition for rehearing is granted, the order of February 28, 1966, denying certiorari is vacated, the petition for a writ of certiorari to the United States Court of Appeals for the Sixth Circuit is granted, the judgment of that court is vacated, and the case remanded for further consideration in the light of Haynes v. United States, ante, p. 85.

MR. JUSTICE MARSHALL took no part in the consideration or decision of this case.

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.

STONE v. UNITED STATES.

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT.

No. 9. Decided March 4, 1968.*

Certiorari granted; No. 9, 357 F. 2d 257; No. 14, 361 F. 2d 153; No. 77, 374 F. 2d 227; No. 121, 370 F. 2d 987; No. 798, 379 F. 2d 946; and No. 1024, 386 F. 2d 177, vacated and remanded.

Charles W. Tessmer and Emmett Colvin, Jr., for petitioner in No. 9. William T. Griffin for petitioners in No. 14. Seymour Samuels, Jr., and William R. Willis, Jr., for petitioner in No. 77. Anna R. Lavin and Richard E. Gorman for petitioner in No. 798. James G. Starkey for petitioner in No. 1024.

Former Solicitor General Marshall for the United States in No. 9. Former Solicitor General Marshall,

*Together with No. 14, Conti et al. v. United States; No. 77, Ross v. United States; No. 121, Donlon v. United States; No. 798, Angelini v. United States; and No. 1024, Pizzarello v. United States, all on petitions for writs of certiorari. No. 77 is to the United States Court of Appeals for the Sixth Circuit, Nos. 14 and 1024 to the Second Circuit, No. 121 to the Third Circuit, and No. 798 to the Seventh Circuit.