Peto v. Cook

OPINION ON REMAND

Before PECK, Circuit Judge, and KINNEARY and RUBIN, District Judges. CARL B. RUBIN, District Judge.

This matter is before the Court on an Order of Remand of the United States Supreme Court, 409 U.S. 1071, 93 S.Ct. 675, 34 L.Ed.2d 659 (December 18, 1972), for further consideration in light of California v. LaRue, 409 U.S. 109, 93 S.Ct. 390, 34 L.Ed.2d 342 (1972), of our Opinion and Order of December 6, 1971, 339 F.Supp. 1300 (S.D.Ohio 1971) (three-judge court) (hereinafter referred to as Peto I). We decided to stay our reconsideration, pursuant to the remand, until the Court…