(concurring specially):
We have said with monotonous repetition that the giving or the failure to give an instruction which is unchallenged in accordance with Rule 51 Fed. R.Civ.P., 28 U.S.C., is not reviewable. See Miller v. Brazel, 300 F.2d 283 (10th Cir. 1962), and Murphy v. Dyer, 409 F.2d 747 (10th Cir. 1969), and cases cited. And see generally Dunn v. St. Louis-San Franciso Railway Company, 370 F.2d 681 (10th Cir. 1967). I see no need to take the time and space to review the correctness of an instruction which is plainly unreviewable. Indeed, continued review operates to erode Rule 51 and the salutary purpose which it was intended to serve.
I therefore concur in the result on those points on appeal which treat the unchallenged instructions of the court.