(concurring in result).
I concur in affirmance and in the opinion in its treatment of the point about the grand jury minutes. As to the problem involving the Jencks Act I add a few words. It is an open question in my mind whether a defendant is necessarily precluded on appeal from relying on the Jencks Act if he did not expressly associate himself in the matter when his co-defendant invoked the Act at the trial. Cf. United States v. Simmons, 281 F.2d 354 (2d Cir. 1960). In the present case, however, appellant was so indifferent to the matter when it was raised several times by his co-defendant, each time failing to associate himself with the position taken by his co-defendant, that I do not think he can now complain of the result.