
    HORNBEAK v. HAMM, COMMISSIONER OF REVENUE FOR ALABAMA.
    No. 260.
    Decided October 14, 1968.
    
      Barry Hess for appellant.
    
      MacDonald Gallion, Attorney General of Alabama, and Willard W. Livingston and Herbert I. Burson, Assistant Attorneys General, for appellee.
   Per Curiam.

The motion to affirm is granted and the judgment is affirmed.

Mr. Justice Black, Mr. Justice Hárlan, and Mr. Justice Stewart are of the opinion that probable jurisdiction should be noted and the case set for argument.  