Matthewson v. McCune, 1964

File — Folder: 11

Identifier: Folder 11

Staff Only

No. 20,200

United States ex rel Mitzel v. McCune No. 20,380;

Mitzel v. Vanderwall No. 20,381; 327 F.2d 1001 (1964)

Judges Gewin and Cameron each concurred in the result of Judge Wisdom's proposed opinion and it was sent to be printed. Judge Cameron then maintained that with two concurrences in the result, the opinion had not become the opinion of the court. He went on to suggest that it be withdrawn, and that a per curiam order instead be filed, Judge Wisdom to concur specially. When this was not adopted, Judge Cameron filed a specially concurring opinion of his own. On petition for rehearing the opinions were withdrawn.

Includes proposed opinion of Judge Wisdom; TL of Judge Wisdom on the purpose of his proposed opinion; TL (3) of Judge Cameron, TLS (2) of Judge Gewin, TL of Judge Wisdom, TLS (2) of Judge Jones, TLS of Judge Brown, TLS (2) of Judge Rives, and TLS of Judge Hutcheson on the effect of the concurrences in the result in this case, and on concurrenced in the result, generally; proposed opinion of Judge Cameron; and, TL of Judge Cameron on his proposed opinion.