opinion: Per Curiam.
  The motion to dismiss is granted and the appeal is dismissed as moot.
  Mr. Justice Brennan would affirm the judgment of the lower court.
  Mr. Justice Fortas would reverse the judgment of the lower court.
choices: cert appeal bail certification docketing fee rehearing or restored to calendar for reargument injunction mandamus original prohibition stay writ of error writ of habeas corpus unspecified, other