JUDGMENT AND ORDER
It appearing that the Supreme Court of the United States having on October 2, 1978, granted the petition to it for a Writ of Certiorari on behalf of the appellant, Benson Joseph Donoho [___ U.S. ___, 99 S.Ct. 68, 58 L.Ed.2d 102]; and
It appearing that the Supreme Court vacated the judgment of this Court in the above entitled matter, and remanded the cause to this Court:
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