Opinion
No. 77-1779.
January 4, 1979.
David F. Stobaugh, Seattle, Wash., for defendant-appellant.
Charles Pinnell, Asst. U.S. Atty., Seattle, Wash., for plaintiff-appellee.
Appeal from the United States District Court for the Western District of Washington; Walter T. McGovern, Chief Judge.
This court now having decided the case of Cooper v. Fitzharris, 9 Cir., 1978, in banc, 586 F.2d 1325, this case is submitted for decision.
The order appealed from, denying Lambrecht's motion for a new trial, is vacated and the case is remanded to the district court for further consideration in the light of this court's opinion in Cooper v. Fitzharris, supra.