“ United States v. New York Central & H.R.R. Co., 164 F. 324, and United States v. Dunne, 9 Cir., 173 F. 254, in suggesting such disposition on remand 'as law and justice require,' but beyond this we have basically allowed the scope of the abatement to be determined by the lower federal courts. ”

“ We believe they have adopted the correct rule. Accordingly, the motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment below is vacated and the case is remanded to the District Court with directions to dismiss the indictment. ”

“ When several months passed without any word, petitioner again wrote to that court. In reply, on September 8, 1970, he received a copy of the order dated March 5, 1970, denying his petition for rehearing. Within three weeks from receipt of the denial from the Court of Appeals his petition for a writ of certiorari was docketed in this Court. On these facts waiver of our Rule 22 is proper.
Our cases where a petitioner dies while a review is pending are not free of ambiguity. ”