Aldrich v. United States, 1965

File — Folder: 4

Identifier: Folder 4

Staff Only

No. 20,334; 346 F.2d 37 (1965), on remand 256 F. Supp. 508 (E.D. La. 1966) aff'd City National Bank v. United States, 383 F.2d 341 (1967)

This case originally was argued before a panel of Judges Cameron, Wisdom and Gewin. Judges Cameron and Gewin were agreed that the case should be affirmed. Judge Wisdom was "doubtful."

Subsequent to the conference, but before an opinion had been drafted, Judge Cameron died.

Judge Widsom, agreeing that affirmance was in order, circulated a per curiam opinion so to hold. Judge Gewin concurred, rehearing was denied. On a second petition for rehearing, however, the judges vacated the first order to deny rehearing and recalled the earlier opinion, to set the case for reargument before another panel.

Includes TL of Judge Wisdom on the respective positions of the judges at conference and his proposed per curiam affirmance; and, TLS of Judge Gewin on reassignment of the appeal to a different panel, on rehearing, as appropriate.

Also includes TL of Judge Wisdom on the status of Brown Transport Corp. v. N.L.R.B. 334 F.2d 30 (1964), Borne v. United States, 332 F.2d 565, (1969) Aldrich, Wirtz v. Pepsi Cola, Bottling Co. of Augusta, Inc. 342 f.2d 820 (1965), Zellner v. Lingo, 334 F.2d 620 (1964), United STates ex rel Scott v. Walker, 358 F.2d 561 (1966), and United States v. Mitchell, 349 F.2d 94 (1965), argued before a panel of Judges Wisdom, Cameron and Gewin, prior to Judge Cameron's death.

See also Zellner, 77: 5.