ORDER.

Oral argument having been waived, and the case having been submitted on the brief of the petitioner-appellant and *132 on the brief of the respondents-appellees, wherein the Attorney General and Solicitor General of the State of Michigan, as counsel for said respondents-appellees recognized that the recent opinion in the case of Fay v. Noia, 372 U.S. 391, 83 S.Ct. 822, 9 L.Ed.2d 837 (1963) requires such action,

It Is Ordered that the district court order dismissing the petition for a writ of habeas corpus be vacated and the case remanded to the district court for consideration on its merits.