United States v. Hyde

No. 27,777; 448 F.2d 815 (1971), cert. den. Flowers v. United States, 404 U.S. 1058 (1972) Judge Wisdom revised the majority opinion once at Judge Rives' request and once in view of the Rives dissenting opinion. Judge Rives requested en banc reconsideration. Judges Godbold, Coleman and Gewin recused themselves from voting, and the Rives request was rejected by a majority of the remaining judges. Includes TLS of Judge Rives on the merits, the proposed opinion of Judge Wisdom, on a possible dissent, referring to Rabinowitz v. United States, 366 F.2d 34 (1966), DeLuna v. United States, 308 F.2d 140 (1962), and to Palmer v. Thompson, 391 F.2d 324 (1967), aff'd 419 F.2d 1222 (1969). Also includes TL (and draft TL bearing holograph revisions) of Judge Wisdom on dissenting generally, on dissenting in civil as opposed to criminal cases, and referring to DeLuna, Raninowitz, and Palmer v. Thompson. And includes TLS of Judge Clark on the proposed Rives dissent; and, TL of Judge Wisdom and ALS of Judge Rives on revision of the majority opinion in response to the dissent.