Fort Myers Seafood Packers, Inc. v. Steptoe and Johnson

*263TAMM,

Circuit Judge (concurring):

I concur in the opinion of Judge Edgerton only because I believe this case is governed by our ruling in Hanna v. Fletcher, 97 U.S.App.D.C. 310, 231 F.2d 469 (1956), cert, denied, Gichner Iron Works, Inc. v. Hanna, 351 U.S. 989, 76 S.Ct. 1051, 100 L.Ed. 1501 (1956). I am increasingly concerned about the doctrine espoused and validated by the majority opinion in that case, feeling that the dissenting opinion is a more accurate statement of the governing law in these situations. Since a majority of the court, however, has views contrary to my own as those views are expressed in the dissenting opinion of Judge Prettyman, I must be governed by the principles adopted by a majority of the court.