PER CURIAM.
The majority opinion and the dissenting opinion heretofore filed on April 17, 1970, are ordered withdrawn.
The annexed majority opinion in which Circuit Judges ELY and HUFSTEDLER concur and the dissenting opinion of Circuit Judge BARNES are ordered filed.
The petition for rehearing is dismissed as moot.
HUFSTEDLER, Circuit Judge:
Schram appeals from an order of the District Court dismissing, without an evidentiary hearing...
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