concurring.
I concur in the majority opinion not only for the reasons stated therein, but also for *827an additional reason. In my opinion the United States was not an indispensable party to the counterclaim portion of the case under 28 U.S.C. §§ 2321-23, and therefore there was no jurisdictional defect as indicated by the panel decision.
The counterclaim was not, as required by section 2321, “a proceeding to enjoin or suspend * * * a rule, regulation or order of the Interstate Commerce Commission” or “an action to enforce * * * any order of the Interstate Commerce Commission.” Rather it was an action “for the payment of money” which is specifically exempted from the provisions of section 2321. If section 2321 is not involved, then by its terms section 2322 is not involved either and it was not necessary to join the United States as a party. I believe that 28 U.S.C. §§ 2321-23 was meant to apply to appeals to our court from an order of the ICC, not to appeals to our court from a district court case involving an action “for the payment of money.”