No. 479, Docket 28772. Argued May 17, 1965. Decided August 3, 1965. As Modified September 7, 1965. Edward S. Friedland, New York City, for petitioner. William N. McKee, Jr., Asst. U.S. Atty. (Joseph P. Hoey, U.S. Atty. Eastern Dist. of New York, on the brief), for respondent. Before WATERMAN, MARSHALL and ANDERSON, Circuit Judges. Judge Marshall, of the panel that heard the case, authored the opinion of August 3 which is modified herein. After that opinion was filed and prior to consideration of