LOKEY v. RICHARDSON

Because the legal and factual considerations relevant to the decision of this case in light of Montanye v. Haymes, ___ U.S. ___, 96 S.Ct. 2543, 49 L.Ed.2d ___ (1976), and Meachum v. Fano, ___ U.S. ___, 96 S.Ct. 2532, 49 L.Ed.2d ___ (1976), were not addressed by the parties or the district court, the summary judgment, reversed by the Court of Appeals, 9 Cir., 527 F.2d 949, with certiorari granted by the Supreme Court, ___ U.S. ___, 96 S.Ct. 3186, 49 L.Ed.2d ___, is vacated and the cause remanded for further proceedings consistent with those decisions.