United States v. Melvin A. Pixley, D/B/A Furniture Freight Forwarders And/or Furniture Fast Freight, a Corporation

EAST, District Judge,

dissents, believing that appellant’s present position in this Court to assert common law rights not contended for in the pretrial proceedings before the District Court, should be; foreclosed, per Rule 16, F.R.Civ.P. 28 U.S.C.A.