(dissenting).
I am in full agreement with the Court that this presents the same issues as in Seaboard Air Line Railroad Co. v. Sarasota-Fruitville Drainage District, 5 Cir., 251 F.2d 583, reversed on rehearing, 5 Cir., 255 F.2d 622. I agree there is no valid distinction between the cases.
But for the reasons set forth in my dissent on rehearing, I respectfully dissent here as well.