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308 F.2d 875, reversed.
O. R. Adams, Jr. argued the cause for petitioners. With him on the brief was R. F. Deacon Arledge.
C. Harold Thweatt argued the cause for respondent. With him on the brief was Vivian Diffendaffer.
PER CURIAM.
The judgment of the Court of Appeals for the Tenth Circuit is reversed. Beacon Theatres, Inc., v. Westover, 359 U.S. 500 ; Dairy Queen, Inc., v. Wood, 369 U.S. 469 .
BERRY v. NEW YORK.
ON PETITION FOR WRIT OF CERTIORARI TO THE APPELLATE DIVISION, SUPREME COURT
OF NEW YORK, FOURTH JUDICIAL DEPARTMENT. No. 163, Misc.
Decided December 2, 1963.
Certiorari granted; judgment vacated; and case remanded.
Petitioner pro se.
Michael R. Canestrano for respondent.
PER CURIAM.
The motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded to the Appellate Division of the Supreme Court of New York, Fourth Judicial Department, for further consideration in light of Gideon v. Wainwright, 372 U.S. 335 . [375 U.S. 160, 161]
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Citation: 375 U.S. 160
Docket No: No. 46
Decided: December 02, 1963
Court: United States Supreme Court
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