Case Files -- Fifth Circuit Court of Appeals En Banc Opinions, Court Term 1965-1966

File — Folder: 1

Identifier: Folder 1

Staff Only

Labat v. Bennett Judge Wisdom circulated a proposed opinion in this case, in which Chief Judge Tuttle was the first to concur, and of which Judge Rives, not a member of the en banc court, made known to Judge Wisdom his approval. Judge Brown suggested a change in the text, but did not condition his concurrence on its adoption. Judge Thornberry seconded the proposed change, and Judge Wisdom modified the opinion accordingly. Judge Bell responded with an opinion concurring in the result, which Judge Coleman joined. Includes holograph notes of Judge Wisdom on the respective positions of the judges at the en banc conference with respect to Davis, Labat, Scott, Brooks, Billingsley, Rabinowitz, and Jackson. Also includes drafts of the Labat opinion bearing holograph revisions of Judge Wisdom; TL of Judge Wisdom on the opinion as originally proposed; TLS of Chief Judge Tuttle and ALS of Judge Rives on the opinion as proposed; and, TLS of Judge Brown on the proposed opinion and on its revision as appropriate. And includes TL of Judge Wisdom on revision of his opinion at the suggestions of Judges Brown and Thornberry; and, TLS of Judge Brown on the Wisdom opinion as revised. And includes proposed concurring opinion of Judge Bell; and, TLS of Judge Brown, TL of Judge Wisdom and TLS of Judge Bell and the merits and the Bell opinion.