UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
March 22, 1979
UNITED STATES OF AMERICA, APPELLEE,
JAMES H. NORTHROP, APPELLANT.
Appeal from the United States District Court for the Eastern District of New York.
HONORABLE WILFRED FEINBERG
HONORABLE WILLIAM H. TIMBERS
HONORABLE THOMAS J. MESKILL Circuit Judges,
This cause came on to be heard on the transcript of record from the United States District Court for the Eastern District of , and was argued by counsel.
ON CONSIDERATION WHEREOF, it is now hereby ordered, adjudged, and decreed that the case be and it hereby is REMANDED to the district court for the limited purpose of allowing appellant to move for a new trial or other appropriate relief on the ground, never presented to the district court, that he was denied the right to effective assistance of counsel because of his trial counsel's alleged conflicts of interest. See Morgan v. United States, 396 F.2d 110 (2d Cir.), on remand, 295 F. Supp. 967 (D. Conn. 1968). The panel expresses no view on the merits of this issue and this order is without prejudice to any further appeal, which shall be upon the original record as supplemented by any proceedings upon remand. Such appeal, if any, shall be heard, if practicable, by the undersigned panel.
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