Application of Robert Joly and Julien Warnant

Introduction

Many of the observations made by Judge Rich in his dissenting opinion in In re Kirk et al. 376 F.2d 936, 54 C.C. P.A.-, (hereinafter Kirk) concurrently released, have particular pertinency here. I am in general agreement with the principles there stated. The majority in the present case rests its opinion on the decision in Kirk. Therefore, those portions of the dissents of Judge Rich and myself in Kirk which are directly applicable here are incorporated by reference, thus avoiding their needless repetition in this opinion. Here, as in Kirk, the majority accepts without question,…