Clark v. Olinkraft

File — Folder: 3

Identifier: Folder 3

Staff Only

No. 76-1183; 556 F.2d 1219, reh. den. 564 F.2d 98 (1977), cert. den. 434 U.S. 1069 (1978) Judge Tuttle had concurred in the proposed opinion of Judge Wisdom in this case, and Judge Coleman had drafted a dissent, when the Supreme Court decided United Air Lines v. Evans, 431 U.S. 553 (1977). Judge Coleman thought Evans controlling and suggested that the Wisdom opinion be revised accordingly. When the opinion was not modified to his satisfaction he requested an en banc poll. The vote was seven for and seven against reconsideration; the opinion of the panel stood. Includes TLS (2) of Judge Coleman, TL of Judge Wisdom and TLS of Judge Tuttle to Judge Wisdom on the merits and the majority opinion in view of Evans. Also includes memoranda on the en banc poll, among which, TLS of Judge Tjoflat on the respective votes of the judges.