Edwards v. United States, 1964

File — Folder: 8

Identifier: Folder 8

Staff Only

No. 19,827, 19,828; 334 F.2d 360 (1964), cert. den. 379 U.S. 1000 (1965) Judge Rives, the dissenting panel judge, requested an en banc court to reconsider this case. As Judges Hays and Cameron, the two of the judges on the original panel, were not to participate in the en banc court, Judge Rives felt that he should recuse himself. Chief Judge Tuttle and Judges Jones, Gewin and Brown urged that he should sit. He did sit, and authored the majority opinion. It had been voted to dispense with oral argument, when Chief Judge Tuttle and Judge Gewin recast their votes, decisively, in its favor. Includes TLS (4) of Judge Rives on en banc consideration as appropriate in this case; TL (2) of Judge Hutcheson, TLS (2) of Judge Brown, TL of Judge Cameron and TLS of Judge Bell on the merits and the Rives en banc request. Also includes TLS of Judge Brown on his dissenting opinion. See also 107: 3; 451: 5; 455: 10.