53 C. C. P. A. (Pat.) 1545, 362 F.2d 293, vacated and remanded with directions to dismiss the appeal as moot.
Solicitor General Marshall, Assistant Attorney General Sanders and Morton Hollander for petitioner.
Paul N. Kokulis and Lawrence A. Hymo for respondent.
Upon consideration of the respondent's suggestion of mootness the judgment is vacated and the case is remanded to the United States Court of Customs and Patent Appeals with directions to dismiss the appeal to that court as moot.
MR. JUSTICE MARSHALL took no part in the consideration or decision of this case.
KELLY v. LANE, WARDEN.
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN
DISTRICT OF INDIANA. No. 256, Misc.
Decided October 9, 1967.
The appeal is dismissed for want of jurisdiction. [389 U.S. 5, 6]