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

File — Folder: 2

Identifier: Folder 2

Staff Only

Labat v. Bennett Includes memoranda on: Davis v. Davis No. 21,976 ; 361 F.2d 770 (1966) Judge Thornberry originally intended to await the opinion in Brooks before drafting the opinion in this case, believing the two cases to turn on the same issue. On reconsideration, however, he decided that Davis could be decided without ruling on that point and drafted the opinion accordingly. The majority opinion was revised in view of a proposed special concurrance of Judge Gewin, which was subsequently withdrawn. Includes proposed opinion of Judge Thornberry; and, TLS of Judge Thornberry on his proposed opinion. Also includes TLS of Judge Coleman and TLS of Judge Brown on the Thornberry opinion and on certain revisions as appropriate; TLS of Judge Thornberry on his opinion and the suggestions of Judge Brown; and, TLS of Judge Thornberry on his opinion and the suggestions of Judge Coleman. And includes proposed opinion of Judge Gewin concurring specially; and, TLS of Judge Gewin on his proposed special concurrence. And includes TLS of Judge Thornberry, TLS of Judge Wisdom, TLS of Judge Bell, TLS of Judge Brown, and TLS of Judge Gewin on the Thornberry and Gewin opinions; and, TLS of Judge Thornberry on revision of his opinion in light of the proposed Gewin concurring opinion. See also 452:3; 454:3.