Supreme Court of the United States November 2, 1972, A-460 (In RE BERG Et Al.)

Mr. Justice Douglas, Circuit Justice.

The Court of Appeals granted a stay in this case until 5:30 p. m. (P. s. t.) today. While the application was filed here October 28, 1972, I did not desire to act until the Solicitor General had time to respond. His response came in yesterday afternoon.

My conclusion is that the case is analogous to the

Ellsberg

case

(Russo

v.

Byrne,

No. 72-307, O. T.