Case Files -- Fifth Circuit Court of Appeals En Banc Opinions, Court Term 1971-1972

File — Folder: 2

Identifier: Folder 2

Staff Only

Karr v. Schmidt No. 31,045; 460 F.2d 609, cert. den. 409 U.S. 989 (1972) Dissenting opinion of Judge Wisdom. Judge Thornberry prepared an opinion concurring specially in the panel opinion, which he revised into a dissent from the decision en banc, but never filed. Judge Simpson abandoned his draft dissenting opinion to join in that of Judge Wisdom. Judges Goldberg and Simpson had concurred in the Wisdom dissent when Judge Wisdom decided to revise it, and Chief Judge Brown had joined it when it was again revised. Includes TLS of Judge Morgan on en banc consideration of Karr as appropriate. Also includes TLS of Judge Morgan on his panel opinion and referring to Lansdale v. Tyler Junior College, 470 F.2d 659 (1972) (bearing holograph notes of Judge Wisdom on the merits). And includes proposed opinion of Judge Thornberry concurring specially in the panel opinion; and, proposed opinion of Judge Thornberry dissenting from the decision of the court en banc. And includes memoranda on the en banc poll; and, TLS of Judge Morgan referring to the conference positions of the judges. And includes TLS of Judge Wisdom and TLS of Judge Ingraham on the opinion of Judge Morgan for the court en banc. And includes TLS of Judge Simpson on the position of the majority. And includes dissenting opinion as first proposed by Judge Wisdom; TLS (and draft) of Judge Wisdom, TLS of Judge Goldberg, TLS of Judge Tuttle, and TLS (2) of Judge Simpson on the Wisdom opinion; TLS of Judge Wisdom on revision of his opinion; and, TLS (and draft) of Judge Wisdom on further revision of the opinion. And includes TLS of Judge Lord (E.D.Pa.) on the merits and the dissenting opinion of Judge Wisdom as reported. And includes TLS (bearing AN) of Judge Coleman on Olff v. East Side Union Hign School District 404 U.S. 1042 (1972), and on consideration of such cases, generally. See also 465;4.