concurring specially:
I concur in the conclusion that the trial court was correct in its dismissal of plaintiff’s causes of action by reason of lack of jurisdiction as described by Judge Barrett, and based by him on Theard v. United States, 354 U.S. 278, 77 S.Ct. 1274, 1 L.Ed.2d 1342, Gately v. Sutton, 310 F.2d 107 (10th Cir.), and MacKay v. Nesbett, 412 F.2d 846 (9th Cir.).