JOHN W. GARDNER, SECRETARY OF HEALTH, EDUCATION AND WELFARE, APPELLANT,
v.
GEORGE A. JOHNSON, APPELLEE
JOHN W. GARDNER, SECRETARY OF HEALTH, EDUCATION AND WELFARE, APPELLANT,
GEORGE A. JOHNSON, APPELLEE
409 F.2d 844
Court of Appeals for the Fifth Circuit (1969)
Opinion of the Court
PER CURIAM:
The court having, in the en banc rehearing of King v. Gardner, 5 Cir., 391 F. 2d 401, 410, noted the amendment of the basic statute by P.L. 90-248, 81 Stat. 821 (approved January 2, 1968) See. 158 (b), the judgment of the trial court is vacated and the case is remanded to that court for reconsideration of the record here in light of that amendment and this court’s disposition of King v. Gardner.