John W. Gardner, Secretary of Health, Education and Welfare v. George A. Johnson

The court having, in the en banc rehearing of King v. Gardner, 5 Cir., 391 F.2d 401, 410, noted the amendment of the basic statute by P.L. 90-248, 81 Stat. 821 (approved January 2, 1968) See. 158 (b), the judgment of the trial court is vacated and the case is remanded to that court for reconsideration of the record here in light of that amendment and this court’s disposition of King v. Gardner.