specially concurring:
Being bound by the prior decisions of this Court, as I ought to be, I concur. Beker Phosphate Corp. v. Muirhead, 581 F.2d 1187, 1190 n. 10 (5th Cir. 1978).
My observations concerning the path upon which we embarked in Zambuto v. American Telephone and Telegraph Co., 544 F.2d 1333 (5th Cir. 1977) are set out in my dissent to the opinion for the En Banc Court in White v. Dallas Independent School District, 581 F.2d 556, 563 (5th Cir. 1978) (Hill, J., concurring in part and dissenting in part).