ORDER

CONSIDERING the foregoing motion:

It is ordered by the court that the order issued by Judge Lemmie 0. Hightower, Fourth Judicial District Court, on or about May 5, 1980, which ordered Fred Nolan to appear in Montgomery County, Alabama, as a witness before the Grand Jury, be, the same hereby is, recalled and vacated, and that the proceedings pending before this court on writs of certiorari, prohibition and mandamus be declared moot and dismissed.