District Court, D. Massachusetts November 9, 1977, Civ. A. 75-5109-J (Reynolds v. Dukakis)

ALDRICH, Senior Circuit Judge

(concurring).

Although I concur entirely in Judge Caffrey’s opinion, I think that Equal Protection as an independent ground for invalidating the statutory exclusion deserves more exposition. I agree with our dissenting brother that the test is simply whether there could be found a rational basis for distinguishing between C.O.