American Agricultural Chemical Co. v. Tampa Armature Works, Inc.

I concur in the decision and the opinion. I also concur that the decision of Jacksonville Terminal Co. v. Railway Express Agency, Inc., 5 Cir., 1962, 296 F.2d 256, cert. denied, 369 U.S. 860, 82 S.Ct. 949, 8 L.Ed.2d 18, on this record is controlling.

But while I am bound by that decision as a holding, I am not bound by all that was said in support of it. At least I would suppose that I am no more bound' than that panel considered it was as to. the reasons expounded for the Court by me in Batson-Cook Co. v. Industrial Steel Erectors, 5 Cir., 1958, 257 F.2d 410.

What I particularly disagree with…