COMMISSIONER OF INTERNAL REVENUE v. SCHLUDE, 367 U.S. 911 (1961)

Certiorari granted; judgment vacated; and case remanded.

Reported below: 283 F.2d 234.

Solicitor General Rankin, Assistant Attorney General Rice, Harry Baum and George F. Lynch for petitioner.

Robert Ash and Carl F. Bauersfeld for respondents.

PER CURIAM.

The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded for further consideration in the light of American Automobile Association v. United States, ante, p. 687.

MR. JUSTICE DOUGLAS dissents.

367 U.S. 911 (1961) ">

Appeal dismissed and certiorari denied.

Reported below: 171 Ohio St. 322, 170 N. E. 2d 731.

J. H. Nathanson for appellants.

Fred A. Smith for appellee.

PER CURIAM.

The motion to dismiss is granted and the appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

MR. JUSTICE DOUGLAS is of the opinion that probable jurisdiction should be noted. [367 U.S. 911, 912]  

[367 U.S. 911, 1]