Opinion
No. 74-1256.
September 9, 1976.
Bob Lokey in pro per.
Evelle J. Younger, Atty. Gen. of Cal., San Francisco, Cal., for defendants-appellees.
Appeal from the United States District Court for the Northern District of California.
Before BROWNING, ELY and ANDERSON, Circuit Judges.
ORDER
Because the legal and factual considerations relevant to the decision of this case in light of Montanye v. Haymes, ___ U.S. ___, 96 S.Ct. 2543, 49 L.Ed.2d ___ (1976), and Meachum v. Fano, ___ U.S. ___, 96 S.Ct. 2532, 49 L.Ed.2d ___ (1976), were not addressed by the parties or the district court, the summary judgment, reversed by the Court of Appeals, 9 Cir., 527 F.2d 949, with certiorari granted by the Supreme Court, ___ U.S. ___, 96 S.Ct. 3186, 49 L.Ed.2d ___, is vacated and the cause remanded for further proceedings consistent with those decisions.