Case Files -- Fifth Circuit Court of Appeals En Banc Opinions, Court Term 1970-1971

File — Folder: 4

Identifier: Folder 4

Staff Only

Anderson v. Nosser No. 28,971; 456 F.2d 835 (1972), mod'f'g 438 F.2d 183 (1971), cert. den. Nosser v. Bradley (1972), later appeal Anderson v. Breazeale, 507 F.2d 929, ren. den. 510 F.2d 1407 (1975) Judge Simpson requested en banc consideration of this case. Judges Dyer, Gewin, Ingraham, Godbold, Ainsworth, Morgan, Coleman and Clark had concurred in the opinion of Judge Bell when Judge Simpson circulated his concurring opinion. Of those judges, Judges Clark, Ingraham, Coleman, Gewin, Dyer, and Morgan then joined the latter opinion, which was revised prior to release. Includes TLS of Judge Simpson on the proposed panel opinion and on en banc reconsideration as appropriate. Also includes memoranda on the en banc poll, among which, TLS of Judge Ainsworth on the en banc request. And includes holograph notes of Judge Wisdom on the respective positions of the judges at conference. And includes TLS of Judge Bell, TLS of Chief Judge Brown and TLS of Judge Tuttle on the proposed opinion of Judge Bell. And includes draft special concurrence of Judge Simpson; and, TLS of Judge Simpson on the proposed Bell opinion and on disposition of Roberts v. Williams, 456 F.2d 319 (1971) in view of en banc proceedings in Anderson. And includes TLS of Judge Dyer on disposition of Roberts in view of en banc proceedings in Anderson; and, TLS of Judge Rives on the proposed opinion of Judge Nichols in Roberts.