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

File — Folder: 2

Identifier: Folder 2

Staff Only

Salisbury v. Grimes No. 26,179; 406 F.2d 50 (1969), appeal dism'd 430 F.2d 1179 (1970) The conference vote on rehearing en banc was six to five to reverse the panel opinion of Judge Coleman. Judge Wisdom was assigned to write the opinion/ and he circulated one in line with the judges' conference vote. Judges Simpson and Goldberg concurred in the Wisdom proposal. Judge Coleman requested that the case be redocketed and reargued in order to include Judges Ingraham and Clark new to the court in the decision. He and Judges Bell, Dyer, Gewin, and Ainsworth announced intentions to dissent from the proposed opinion. Judge Bell made known his views on the merits and the proposed majority opinion, which views Judge Wisdom undertook to rebut. Judge Wisdom also polled the court on one issue in contention/ and revised his proposed opinion to accord with the response of a majority of the judges. A date for filing the opinion was set. Judge Gewin and Coleman, with whom Judge Dyer would agree, then renewed the request that Judges Clark and Ingraham take part in the decision, in view of what they thought to be less than a clear majority on a second issue treated by the Wisdom opinion. Chief Judge Brown accordingly initiated a poll on the participation of the two judges. At the same time, however, state proceedings had begun, and the court agreed, as Judge Dyer first suggested, to abstain pending decision by the Georgia courts. The appeal would later be dismissed and no opinion on the merits filed by the court en banc. Includes TLS of Chief Judge Brown on the merits, the proposed panel opinion of Judge Coleman, and on Woodruff v. Breazeale, 401 F.2d 997 (1968); and, memoranda on the en banc poll in Salisbury. Also includes TLS of Judge Bell, TLS of Judge Coleman and TLS of Chief Judge Brown on the merits and the opinion to be written in Salisbury. And includes proposed opinion (and drafts) of Judge Wisdom (on copies of which are holograph concurrences of Judges Simpson and Goldberg). See also 130:2; 462:1; 737:1.