(concurring).
I disagree with the result reached by the panel. See my dissent in Glenmore v. Ahern, 2 Cir., 276 F.2d 525, 547. Moreover, I do not agree that for all time “this matter is settled in this circuit in favor of appealability.” I do join the majority, however, in denying Judge Clark’s request for in banc consideration. Nothing would be gained by granting in banc at this time.