390 U.S. 339

88 S.Ct. 1097

19 L.Ed.2d 1218

Earl R. WISEMAN, Director of Internal Revenue for the District of Oklahoma
v.
Ralph E. BARBY et ux.

No. 871.

Supreme Court of the United States

March 11, 1968

Rehearing Denied April 22, 1968.

See 390 U.S. 1036, 88 S.Ct. 1404.

Solicitor General Griswold, Assistant Attorney General Rogovin, Harris Weinstein and Grant W. Wiprud, for petitioner.

John K. Speck, for respondents.

On Petition for Writ of Certiorari to the United States Court of Appeals for the Tenth Circuit.

PER CURIAM.

1

The petition for a writ of certiorari is granted and the judgment is reversed. Commissioner of Internal Revenue v. P. G. Lake, Inc., 356 U.S. 260, 78 S.Ct. 691, 2 L.Ed.2d 743.

2

Mr. Justice STEWART and Mr. Justice WHITE are of the opinion that the petition for a writ of certiorari should be granted and the case set down for oral argument.

3

Mr. Justice DOUGLAS is of the opinion that the petition for a writ of certiorari should be denied.