The issues presented upon this appeal are identical to those which were recently resolved by our court in Mathis v. Hocker, 459 F.2d 988 (9th Cir. 1972). We are bound by that decision (see Etcheverry v. United States, 320 F.2d 873, 874 (9th Cir. 1963)); hence, the judgment of the District Court in this case is

Affirmed.

(concurring):

Under the compulsion of Mathis, I concur in the result. At the same time, however, I record my disagreement with the Mathis result and with some of the reasoning that produced it.