Kennedy v. Rommel

WILBUR K. MILLER, Chief Judge,

(concurring in the result only).

While this case was under submission, my brothers here and a third judge handed down a decision in N. V. Handelsbureau La Mola v. Kennedy1 which had been heard shortly before the hearing of the present appeals. As I did not participate in that case, I had no opportunity to protest against the decision rendered. Although I do not agree with it, the Handelsbureau opinion is a binding precedent which requires reversal here. For that reason only, I concur in the result of the majority opinion in these appeals.

. No. 16,471, decided February 1, 1962.