October 10, 1956.
No. 20.
Mesarosh, alias Nelson, et al. v. United States.
Argued and decided October 10, 1956.
Solicitor General Rankin argued in support of the Government’s motion to remand. Assistant Attorney General Tompkins was with him on the motion. Frank J. Donner argued in opposition to the Government’s motion and in support of petitioners’ motion that the case be remanded to the District Court for a new trial. Arthur Kinoy, Marshall Perlin and Hubert T. Delany were with him on petitioners’ motion and a supporting memorandum.
[For opinions in this case, see ante, p. 1 et seqt]
Per Curiam:
The motion of the Government to remand the case to the District Court is denied.
The judgment is vacated and the case is remanded to the District Court with instructions to grant the defendants a new trial.
Mr. Justice Frankfurter, Mr. Justice Burton, and Mr. Justice Harlan dissent, believing the Government’s motion to remand should be granted, and reserve the right to file an opinion.
stay, petition, or motion granted affirmed (includes modified) reversed reversed and remanded vacated and remanded affirmed and reversed (or vacated) in part affirmed and reversed (or vacated) in part and remanded vacated petition denied or appeal dismissed certification to or from a lower court no disposition