opinion: JOHNSON et al. v. NEW YORK STATE EDUCATION DEPARTMENT et al.
  No. 71-5685.
  Argued November 8, 1972
  Decided November 20, 1972
  Carl Jay Nathanson argued the cause and filed briefs for petitioners.
  Joel Lewittes, Assistant Attorney General of New York, argued the cause for respondents. With him on the brief were Louis J. Lejkowitz, Attorney General, Samuel A. Hirshowitz, First Assistant Attorney General, and Iris A. Steel, Assistant Attorney General. Henry A. Weinstein filed a brief for respondent the Board of Education, Union Free School District No. 27.
  Briefs of amici curiae were filed by J. Harold Flannery for the Center for Law and Education, Harvard University, et al., and by John E. Coons for the American Federation of Teachers et al.
  Per Curiam.
  We granted certiorari to review the judgment of the United States Court of Appeals for the Second Circuit, 449 F. 2d 871 (1971), affirming the District Court’s dismissal of petitioners’ complaint challenging the constitutionality of New York Education Law § 701 et seq. (1971). 405 U. S. 916 (1972). However, respondents’ brief states that “[o]n May 3, 1972, the qualified voters of the respondent school district elected by majority vote to assess a tax for the purchase of all textbooks for grades one through six in the schools of the district.” In light of this fact, and given the suggestion at oral argument that the books themselves have a life expectancy of five years, the judgment is vacated and the case is remanded to the United States District Court for the Eastern District of New York to determine whether this case has become moot.