dissenting.
I concur in the foregoing dissent of Mr. Justice Harrison.
I would add that in my view, the real issue in this case is whether plaintiff’s refusal to participate in the operation on “conscience” grounds was bona fide or sham. Although the District Court did not make an express finding on this issue, its findings implied the latter. Such implied finding is supported by substantial, though conflicting, evidence and warrants affirmance of the District Court judgment in my opinion.