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

File — Folder: 2

Identifier: Folder 2

Staff Only

Winters v. Cook No. 71-3323; 489 F.2d 174 (1973), rev'g 466 F.2d 1393 (1972) Judge Clark proposed a per curiam affirmance to the judges on the en banc court. When Judges Rives and Godbold each responded with dissenting opinions, the majority opinion was amended to adopt the panel dissent of Judge Clark. This induced Judge Rives to circulate, first to Judges Brown, Wisdom, Goldberg, and Godbold, and after having revised it, to the remaining judges, a 'further dissenting opinion'. Judge Wisdom as well prepared an opinion, which would not, however, be filed, and Chief Judge Brown wrote a dissent, later to be replaced with another. The Clark and Rives opinions would undergo revision prior to publication. Includes original per curiam opinion of Judge Clark. Also includes TLS of Judge Clark on his panel dissenting opinion, on his views and those of Judge Rives on the merits, and referring to United States ex rel Goidsby v. Harpole, 263 F.2d 71 (1959). And includes 'further dissent'; and, TLS of Judge Rives; TLS of Judge Rives on his proposed 'further dissent'; and TLS of Judge Rives on revision of his 'further dissent'. And includes special opinion of Judge Wisdom; and, dissenting opinion of Chief Judge Brown as first proposed.