Case Files -- Fifth Circuit Court of Appeals En Banc Opinions, Court Term 1967-1968

File — Folder: 5

Identifier: Folder 5

Staff Only

United States v. Cocke No. 23,963; 399 F.2d 433 (1968), cert. den. 394 U.S. 922 (1969) After hearing argument, the panel of Judges Goldberg, Dyer and Thornberry requested consideration by the court en banc of this case in order to overrule C.I.R. v. J.S. Abercrombie Co., 162 F.2d 338 (1947). Includes TLS of Judge Thornberry on the tentative opinion of Judge Goldberg for the panel, and on en banc consideration of the case as appropriate. Also includes memorandum on the position of Chief Judge Brown regarding the opinion proposed by Judge Goldberg. And includes TLS of Judge Wisdom and TLS of Chief Judge Brown on "prospective overruling" and the opinion to be written, and referring to Justice Traynor (Cal.) and Justice Schaefer (111.). And includes TLS of Judge Dyer, TLS of Judge Tuttle, TLS of Chief Judge Brown and TL of Judge Wisdom on the opinion of Judge Goldberg for the en banc court. And includes TLS of Judge Wisdom on the opinion, bearing ANS of Chief Judge Brown to Judge Wisdom on the positions of Judges Ainsworth and Coleman on the opinion and on the decisions in Weinert's Estate v. C.I.R., 294 F.2d 750 (1961) and Cocke, generally.