(concurring in the result) :
I concur in the result the majority has reached.
However, I concur dubitante, for the Supreme Court’s summary action in the Negron appeal was a summary dismissal for lack of a substantial federal question, and in Edelman v. Jordan the discussion was limited to the precedential effects of summary affirmances. It may well be that there should be different precedential effects between a summary affirmance and a summary dismissal for lack of a substantial federal question.