(concurring).
I concur fully in the opinion and decision of the Court including the articulated distinction between this record and that presented in Herron v. Blackford, 5 Cir., 1959, 264 F.2d 723, and the necessity that that case be carefully confined to its own facts. Consideration of the present case convinces me that the very serious doubts I entertained, but there submerged, as one of the Judges participating and joining in Herron, were well grounded. I now think the Herron case was wrongly decided.