concurring specially:
I reluctantly concur. There can be no doubt that appellees’ counsel is entitled to attorneys fees and that he waived them solely to insure the affirmance of his clients’ cause. This being so, it is unfortunate that such magnanimity would result in his undoing, since we were for affirmance in any event. However, the written waiver after oral argument would appear to preclude any further action on this matter.