(concurring) :
I concur, but I do not think I should do so without a brief comment on the lack of any opinion below, and the fact that the “documented” findings were prepared by counsel for appellees and were adopted in toto, in precisely the form submitted by counsel. While there are courts in which this practice appears to have found some favor, it has been repeatedly criticized in this Circuit, City of New York v. McLain Lines, 2 Cir., 1945, 147 F.2d 393; United States v. Forness, 2 Cir., 1942, 125 F.2d 928, cert. denied, 316 U.S. 694, 62 S.Ct. 1293, 86 L.Ed. 1764; Matton Oil Transfer Corporation v. The Dynamic, 2 Cir., 1941, 123 F.2d 999, and elsewhere, Chicopee Manufacturing Corporation v. Kendall Company, 4 Cir., 1961, 288 F.2d 719, cert. denied, 368 U.S. 825, 82 S.Ct. 44, 7 L.Ed.2d 29.
WATERMAN, Circuit Judge:
I concur in the opinion of Judge Medina as well as in the opinion of Judge Marshall.