Court of Appeals for the Fifth Circuit September 24, 1971, 71-1858_1 (Clarence Tate, Jr. v. J. J. Clark, Warden)

BY THE COURT:

It is ordered that the order of the District Court dismissing appellant’s complaint is hereby vacated; and the cause is hereby remanded to the United States District Court for the Northern District of Georgia for reconsideration in light of the Supreme Court’s decision in Griffin v. Breckenridge, 1971, 403 U.S. 88, 91 S.Ct. 1790, 29 L.Ed.2d 338.