Case Files -- Fifth Circuit Court of Appeals En Banc Opinions, Court Term 1969-1970

File — Folder: 1

Identifier: Folder 1

Staff Only

United States v. Woodall Nos. 28,352 and 28,353; 438 F.2d 1317 (1970), cert. den. 403 U.S. 933 (1971) Judge Clark's proposed opinion was revised after submission to the judges of the en banc court for comment, and the opinion of Judge Coleman was revised in turn. Includes TLS (bearing AN) of Judge Coleman on the panel opinion; and, TLS of Judge Brown on the panel opinion and referring to Monarc Insurance Co. v. Spach, 281 F.2d 401 (1960) and to Dallas County v. Commercial Union Assurance, 286 F.2d 388 (1961). Also includes memoranda on the en banc poll; and, memorandum of Judge Ingraham and holograph notes of Judge Wisdom on the respective positions of the judges on the merits in conference. And includes opinion as first proposed by Judge Clark; and, TLS of Judge Clark, TLS of Judge Dyer, TLS of Judge Simpson ad TLS of Judge Thornberry on the proposed Clark opinion and on the participation of Judge Roney in the decision. And includes TLS of Judge Roney on the question of his participation in the decision, on the proposed Clark opinion, and on certain changes in the opinion as appropriate. And includes proposed opinion of Judge Coleman concurring in part and dissenting in part. And includes TLS of Judge Clark on revision of his opinion; and, TLS of Judge Coleman on the revised opinion of Judge Clark. And includes TLS of Chief Judge Brown and other memoranda on consideration of United States v. Brookins, 423 F.2d 463, vac'd 434 F.2d 41 (1970), United States v. Kilgen, 431 F.2d 627 (1970), rev'd 445 F.2d 287 (1971), United States v. Woodall, 438 F.2d 1317 (1970), Sumrall v. Kidd, 468 F.2d 951 (1972), Evers v. Williams, No. 28,181, Smith v. Leach, 468 F.2d 624 (1972), Cortes v. Local Board No. 7, 468 F.2d 626 (1972), Household Goods Carriers' Bureau v. Terrell, 417 F.2d 47 (1969), rev'd 452 F.2d 152 (1971), and Salisbury v. Grimes, 406 F.2d 50 (1969), appeal dism'd 430 F.2d 1179 (1970). See also 656: 13.