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.
case did not arise on cert or cert not granted federal court conflict federal court conflict and to resolve important or significant question putative conflict conflict between federal court and state court state court conflict federal court confusion or uncertainty state court confusion or uncertainty federal court and state court confusion or uncertainty to resolve important or significant question to resolve question presented no reason given other reason