ORDER

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.