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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.

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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.

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.

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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.

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