with whom GEE, Circuit Judge, joins, concurring specially:
While agreeing with the result reached by the en banc opinion, which agrees with the panel’s conclusion for the most part, I respectfully disagree with the reasoning and basis announced therein. I continue to feel that Part I, The Withdrawn Charges Issue,1 of the panel opinion is a sounder and more accurate approach to the particular factual circumstance presented.
. 579 F.2d 1301-09.