Peter W. Colm and John M. McIntyre v. Cyrus R. Vance, Secretary of State, U. S. Department of State

ROBB, Circuit Judge,

concurring in the Remand:

As I understand Parts I and II of the majority opinion they reach the conclusion that in the absence of 22 U.S.C. §§ 987, 991 and 993, the appellants would have no property interest which supports their challenge to the selection-out process. I agree with that conclusion. I am not persuaded however that the cited sections create the requisite property interest. Nevertheless because this issue was not briefed or argued before us I acquiesce in the remand, so that the matter may be explored by the district judge.