IN RE SMITH

PER CURIAM.

We have carefully considered the testimony and the report of the Ethics Committee in this matter, as well as the sympathetic exposition made by the Committee on oral argument before us, and do not feel in view of all the circumstances that the case is one warranting disciplinary action.

For dismissal — Chief Justice WEINTRAUB, and Justices JACORS, FRANCIS, PROCTOR, HALL, SCHETTINO and HANEMAN — 7.

Opposed — None.