Zapata Off-Shore Co. v. M/S Breman

File — Folder: 1

Identifier: Folder 1

Staff Only

No. 27,497; 428 F .2d 888, on rehearing en banc 446 F.2d 907 (1971), vac'd 407 U.S. 1 (1972) Dissenting opinion of Judge Wisdom. Judges Wisdom and Simpson, each independently of the other, requested an en banc poll in this case. Judge Gewin's proposed per curiam opinion for the en banc court would only have affirmed the panel opinion, but at the suggestion of Chief Judge Brown it was reworded so to adopt the panel opinion. Judge Wisdom's proposed dissent was modified in accordance with suggestions of Professor Brock Hornaby, University of Virginia School of Law, and former clerk to Judge Wisdom. Includes memoranda on the en banc poll. Also includes TLS of Judge Gewin on revision of the majority per curiam. And includes dissenting opinion as originally proposed by Judge Wisdom; and, TLS of Professor Hornaby on revision of the proposed dissent as appropriate.