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

File — Folder: 7

Identifier: Folder 7

Staff Only

United States v. Johnson No. 27-205; 431 F.2d 441 (1970), aff'g 413 F.2d 1396 (1969 ) Judge Coleman requested that the judges be polled for an en banc court, in view of Judge Godbold's objections to his proposed opinion for the panel in this case. Includes TLS (2) of Judge Godbold and TLS of Judge Coleman on the merits and the proposed panel opinion of the latter. Also includes memoranda on the en banc poll, among which, memorandum bearing ANS of Judge Simpson; and, TLS of Judge Coleman on the poll and the panel opinion. And includes holograph notes of Judge Wisdom and memorandum of Judge Ingraham on the respective positions of the judges on the merits in conference; and, TLS (2) of Chief Judge Brown, TLS of Judge Gewin, TLS of Judge Simpson and TLS of Judge Clark on the proposed per curiam opinion of Judge Clark. And includes TLS (2) of Chief Judge Brown referring to Moreno-Vallejho v. United States, 414 F.2d 901 (1969), reh. den. 422 F.2d 872 (1970); and, TLS of Chief Judge Brown on the result of the en banc poll in that case. See also 149 :1.