United States v. City of McAlester

I dissent from the en banc conclusion and adhere to the views expressed by Chief Judge Markey in his opinion for the original three-judge panel which is being simultaneously published. If the court had adhered to those views it would not have been necessary to reach the issues treated in Part III of today’s majority opinion. Inasmuch as the court has reached the issues discussed in Part III, I wish to express my concurrence in that portion of the opinion.

The three-judge panel opinion by Chief Judge Markey of the United States Court of Customs and Patent Appeals, which is referred to above by…