The judgment of the Court of Appeals is vacated and the case is remanded to that court for further proceedings in light of the decision of the Court announced today in City of Mobile v. Bolden, ante, p. 55.

It is so ordered.

concurring.

I, of course, must accept the Court’s vacation of the judgment and its remand. If, however, we were to reach the *237merits, then, in contrast to the result in City of Mobile v. Bolden, ante, p. 55, I would affirm the judgment of the Court of Appeals in this case.

dissenting.

Because the decision below in this case is based on findings of fact and conclusions of law virtually identical to those in City of Mobile v. Bolden, ante, p. 55, I dissent for the reasons stated in my opinion in that case, ante, p. 94.