Case Files -- Fifth Circuit Court of Appeals En Banc Opinions, Court Term 1973-1974

File — Folder: 1

Identifier: Folder 1

Staff Only

Van Blaricom v. Forscht No. 72-1374; 490 F.2d 461 (1974), vac'g 473 F.2d 1232, reh. den. 489 F.2d 1034 (1973), on reh'g 511 F.2d 615, cert. den. 423 U.S. 915 (1975). Upon discovery that the opinion of Judge Rives for the panel on petition for rehearing inadvertantly had not been filed, Judge Roney suggested its circulation among the judges on the en banc court. He proposed that if approved by a majority it be released as the opinion of the en banc court, or that the en banc court be dissolved and that it be released by the panel. At the direction of Judge Rives, the opinion instead was filed. The opinion of Judge Bell for the court en banc was revised in response to the proposed dissent of Judge Rives, which was in turn revised. Includes holograph notes of Judge Wisdom on oral argument before the panel. Also includes TL of Judge Roney on the proposed opinion for the panel of Judge Rives on petition for rehearing, and on his own position on the merits. And includes TLS (3) of Chief Judge Brown, TLS of Judge Clark and TLS of Judge Rives on en banc consideration in Van Blaricom, Cottle v. Wainwright, 477 F.2d 269 (1973), and Lane v. Attorney General, 477 F.2d 847 (1973); and, TLS of Judge Coleman referring to Van Blaricom, Lane and Cottle, and on circulation of signed panel opinions to the entire court prior to release as appropriate, generally. And includes TL of Judge Roney and TLS of Judge Rives on the panel opinion on petition for rehearing. And includes memoranda of Judge Gee on the respective positions of the judges in conference en banc in Van Blaricom, Lane and Cottle. And includes TLS of Judge Bell on his opinion for the court and its revision in response to the Rives dissent; and, TLS of Judge Rives on revision of his dissent. And includes TLS of Judge Bell and TLS of Chief Judge Brown on appellant's motion to reinstate the appeal. And includes holograph notes of Judge Wisdom on the positions of the judges in en banc conference on the reinstated appeal. And includes TL of Chief Judge Brown on the per curiam opinion for the en banc court of Judge Gee and himself. And includes correspondence on Cox v. Estelle, 512 P.2d 423 (1975)Â among which TLS of Judge Thornberry on consideration of Cox in view of Van Blaricom. See also 199:2; 657:4.