Lee McKinney v. J. J. O'leary, Deputy Commissioner, Fourteenth Compensation District

ELY, Circuit Judge

(dissenting):

I respectfully dissent, even though the majority limits its opinion to “the special circumstances of this case.” Despite that, and also despite the concession made by the Attorney General on this appeal, I am more persuaded by the argument made by the United States Attorney in the court below; therefore, I feel obliged to record my view that the Deputy Commissioner and the District Court correctly applied the law.

I would affirm.