(concurring):
I concur in Parts I and III of the opinion of the court.
As to Part II, I would not extend Payne beyond its facts but recognize the futility of my position and do not dissent.
I especially note that this case was not tried under the Federal Rules of Evidence recently enacted, so the opinion of the court as to that matter is a dictum. There will be time enough to decide the meaning of the Federal Rules when cases arise which have been tried under them.