WYZANSKI, Senior District Judge:
On April 21, 1980 the Supreme Court of the United States, ___ U.S. ___, 100 S.Ct. 1829, 64 L.Ed.2d 257 vacated the judgment this court had entered in this case on June 29, 1979 pursuant to its opinion reported in Walter Tantzen, Inc. et al. v. Thomas Shaughnessy et al.,
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