(concurring) :
I concur. On these facts we cannot say that the district court has abused its discretion in denying the motion to dismiss on the ground of forum non con-veniens. I think it should also be said, however, that had the district court granted the motion, I, for one, would feel that that would not have been an abuse of discretion as a matter of federal law. Of course, Judge Palmieri could only have granted the motion if federal law controls, a question that I, like my brother Smith, find it unnecessary to decide here.