396 U.S. 118

90 S.Ct. 395

24 L.Ed.2d 303

Daniel McMANN, Warden, et al.
v.
Wilbert ROSS et al.

No. 153.

Supreme Court of the United States

December 8, 1969

Louis J. Lefkowitz, Atty. Gen. of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., and Lillion Z. Cohen and Brenda Soloff, Asst. Attys. Gen., for petitioners.

1

Thomas D. Barr, for respondent Ross.

2

Frank S. Hogan, pro se.

3

Michael R. Juviler, for District Attorney of New York County, amicus curiae.

4

Certiorari to the United States Court of Appeals for the Second Circuit.

5

PER CURIAM.

6

Upon consideration of the suggestion of mootness by reason of the death of respondent Ross the judgment of the Court of Appeals, as to Ross, is vacated and the case as to him is remanded to the United States District Court for the Eastern District of New York with directions to dismiss the petition for writ of habeas corpus as moot.