Case Files -- Fifth Circuit Court of Appeals En Banc Opinions, Court Term 1968-1969

Robertson v. United States No. 25,099; 417 F.2d 440 (1969), rev'g 404 F.2d 1441 (1968) Judge Gewin, on panels charged with deciding several cases similar to this one, believed Robertson and McCoy v. United States, 403 F.2d 896 (1968) to be irreconcilable. When the suggestion made by Judge Gewin, and seconded by Judge Bell, that the Robertson panel reconsider and modify its opinion was not adopted, Judge Ainsworth requested an en banc poll. Includes TLS of Judge Gewin, TLS and memorandum of Judge Rubin, TLS of Judge Bell, and TLS and memorandum of Judge Ainsworth on the merits and the panel opinions in Robertson and McCoy. Also includes correspondence of the judges on the en banc poll.