PER CURIAM:
On October 10, 1972, 409 U.S. 814, 93 S.Ct. 161, 34 L.Ed.2d 72, the Supreme Court granted certiorari in this case, vacated our prior decision (United States v. Duncan, 9 Cir., 1972, 456 F.2d 101) and remanded the case to us for further consideration in the light of Gelbard v. United States, 1972,
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