Case Files -- Fifth Circuit Court of Appeals En Banc Cases, Court Term 1972-1973

File — Folder: 2

Identifier: Folder 2

Staff Only

Littlejohn v. Shell Oil Co. No. 71-2090; 483 F.2d 1140 (1973), vac'g 456 F.2d 225 (1972), cert. den. 414 U.S. 1116 (1973) Judge Dyer first voted for en banc consideration in this case but then recused himself, resulting in a tied vote. Chief Judge Brown recast his vote and broka the tie in favor of en banc rehearing. Judge Clark concurred in the proposed en banc majority opinion of Judge Beil, but then withdrew in part his concurrence. Includes TLS of Judge Clark on the merits and the panel opinion as proposed by Judge Simpson. Also includes memoranda on the en banc poll, among which, memorandum bearing TLS of Judge Simpson on the panel opinion and the merits; and, TLS of Judge Dyer on his recusation and withdrawal of his vote. And Includes memoranda on the en banc poll, among which, memorandum bearing TLS of Judge Simpson on the panel opinion and the merits; and, TLS of Judge Dyer on his recusation and withdrawal of his vote. And includes memorandum on the respective conference positions of the judges, and, TLS of Judge Coleman and TLS of Judge Simpson on the conference vote and the opinion to be written. And includes TLS of Judge Coleman on nis dissent from the panel opinion and on the en banc majority opinion of Judge Bell; and, TLS of Judge Clark on the merits and the Bell opinion. See also 172:3; 179:1.