Jones v. Wade

File — Folder: 5

Identifier: Folder 5

Staff Only

No. 72-1481; 479 F. 2d 1176 (1973), remanded 504 F. 2d 427, on remand 504 F. 2d 428 (1974) Judge Dyer objected to the proposed opinion of Judge Wisdom on the ground that it effectively overruled Becker v. Thompson, 459 F.2d 919 (1972), his opinion for another panel. He requested that the Jones opinion be withdrawn. Judge Wisdom thought Becker and Jones distinguishable, and declined to withdraw his opinion. At Judge Dyer's request the court took up the matter en banc, only to dissolve the en banc court and remand to the panel in light of the Supreme Court, decision in Becker. The Wisdom opinion was reaffirmed by the panel. Includes TLS (2) of Judge Dyer on the proposed opinion of Judge Wisdom and on its withdrawal as appropriate; and, TLS (2) and memorandum (bearing ANS) of Judge Wisdom on his proposed panel opinion and the Dyer request. Also includes TLS of Judge Tuttle and TLS of Judge Simpson referring to the grant cf certiorari in Becker. And includes ALS of Judge Rives on Graham v. Brewer, 295 F. Supp. 1140 (N.D. Ala. 1968) (three judge court) and McDonald v. Brewer, 295 F. Supp. 1135 (N.D. Ala. 1968) (three judge court). SEE ALSO Box 470, Folder 1.