MEMORANDUM
GASCH, District Judge.
On or about October 10, 1975, the Court received an Order of the United States Court of Appeals to the effect that Mr. Seymour Pollack's motion in that Court for remand to this Court to consider Mr. Pollack's motion for new trial was denied without prejudice to Mr. Pollack's opportunity to make such a motion in this Court. Under the doctrine of Smith v. Pollin, 90 U.S. App.D.C. 178,
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