January 17, 1979
UNITED STATES OF AMERICA, APPELLANT,
JOHN MAURO AND JOHN FUSCO, DEFENDANTS-APPELLEES.
Present: HONORABLE WALTER R. MANSFIELD, HONORABLE WILLIAM H. MULLIGAN, Circuit Judges.
The actions herein having been taken to the Supreme Court of the United States by writ of certiorari and a certified copy of the judgment having been received and filed, reversing the judgment of this court and remanding the said actions to this court for further proceedings in conformity with the opinion of said Court reported at 46 U.S.L.W. 4492 (May 23, 1978),
Upon consideration thereof, it is
Ordered that the judgment of this court of October 26, 1976, and the mandates issued thereunder be and they hereby are vacated, and it is
FURTHER ORDERED that the orders and judgments of the United States District Court for the Eastern District of New York, dated May 17, 1976, reported at 414 F. Supp. 358 (Mauro) and May 19, 1976 (Fusco), respectively, dismissing the indictment be and they hereby are reversed, and the cases are remanded to the district court for further proceedings consistent with the foregoing opinion of the United States Supreme Court.
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