Georgia Power Co. v. 54.20 Acres of Land

File — Folder: 1

Identifier: Folder 1

Staff Only

No. 75-4448; Hilsman v. Georgia Power Co. No. 77-1327; 563 F.2d 1178 (1977), reh. den. 570 F.2d 1391 (1978), cert. den. Boswell v. Georgia Power Co., 440 U.S. 907 (1979) The majority opinion of Judge Wisdom was revised in response to the dissenting opinion of Judge Simpson, also revised, in turn. When the panel denied the petition for rehearing, Judge Hill requested an en banc poll. Judge Wisdom, with whom agreed Judges Tjoflat and Simpson, opposed the en banc request, believing the case bound for consideration by the Supreme Court, and of the opinion that en banc reconsideration by the Court of Appeals would only postpone final resolution. The judges denied the en banc request. The Supreme Court, however, denied certiorari. Includes TL of Judge Hill and TLS of Judge Tjoflat on the merits and classification of the appeal. Also includes TLS of Judge Simpson on the merits and the opinion to be written; original proposed opinion of Judge Widsom, original proposed dissent of Judge Simpson; TLS of Judge Wisdom on the proposed Simpson dissent and on revision of the majority opinion; and, TLS of Judge Simpson on revision of the dissent. And includes TLS (2) of Judge Hill on en banc reconsideration as appropriate; TLS of Judge Wisdom, TLS of Judge Simpson and TLS of Judge Tjoflat on the en banc request; and, memoranda on the en banc poll.