"Brien K. Meehan" wrote in message
oups.com...

91.123 Compliance with ATC clearances and instructions. (b) Except in
an emergency, no person may operate an aircraft contrary to an ATC
instruction in an area in which air traffic control is exercised.

Presumably, the approaching aircraft was in Class E airspace, which is
defined as controlled airspace. Doesn't that obligate the pilot to
follow ATC instructions given to him?


The instruction was to follow the Cherokee. He followed that instruction.