This court now having decided the case of Cooper v. Fitzharris, 9 Cir., 1978, in banc, 586 F.2d 1325, this case is submitted for decision.

The order appealed from, denying Lambrecht’s motion for a new trial, is vacated and the case is remanded to the district court for further consideration in the light of this court’s opinion in Cooper v. Fitzharris, supra.