Barrett v. Atlantic Richfield Co.

File — Folder: 1

Identifier: Folder 1

Staff Only

No. 29,795; 444 F. 2d 38 (1971) In conference the judges agreed to reach the merits, and to affirm in part, reverse in part and remand. Judge Wisdom prepared an opinion so to hold. He then decided, however, and persuaded Judges Thornberry and Dyer, that the doctrine of abstention was applicable to this case. The opinion was redrafted accordingly. The opinion was further revised by Judge Wisdom as suggested by Judge Thornberry. Includes draft opinion to affirm in part, reverse in part and remand; and, TL (and draft TL bearing holograph revisions) of Judge Wisdom, TLS of Judge Thornberry and TLS of Judge Dyer on the merits, on the doctrine of abstention as applicable in this case, and on abstention, generally, and referring to United States Life Insurance Co. v. Delaney, 308 F.2d 484 (1962), vac1d 383 F.2d 714, cert. den. 385 U.S. 846, reh. den. 385 U.S. 943 (1966) . Also includes TLS of Judge Thornberry on a certain change in the proposed opinion of Judge Wisdom as appropriate.