Opinion
ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 5272.
Decided October 26, 1970
Certiorari granted; 421 F.2d 373, vacated and remanded to the District Court.
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 United States District Court for the Eastern District of Louisiana for consideration of the request contained in the memorandum filed in this Court by the Solicitor General.
MR. JUSTICE BLACK, with whom MR. JUSTICE DOUGLAS joins, would grant certiorari and reverse the decision below for the reasons stated in his dissenting opinions in Abbate v. United States, 359 U.S. 187, 201 (1959), and Bartkus v. Illinois, 359 U.S. 121, 150 (1959).