McNeal v. Tate County School District

File — Folder: 3

Identifier: Folder 3

Staff Only

No. 30,722; 460 F.2d 568 (1971), cert. den. Tate Educational Foundation, Inc. v. McNeal, 413 U.S. 922 (1973) Chief Judge Brown had concurred in an opinion by Judge Morgan, Judge Gerwin dissenting, when the opinions were circulated to all members of the court. Judge Coleman objected to the panel's proposed disposition of the case, and, with Judge Clark, subsequently requested en banc reconsideration. Judge Morgan then suggested that the panel opinion could be altered as to remedy along the lines suggested by Judge Coleman. Judge Clark indicated his dissatisfaction with this proposal, and suggested an alternative. The en banc court was in the meantime voted down. Judge Morgan circulated an order denying the petitions for rehearing and rehearing en banc, disposing of the appeal along the lines earlier suggested by Judge Coleman. Judge Gewin circulated a dissent, in which Judges Coleman, Dyer, Clark, Roney, and Ingraham joined. When Judge Bell recast his vote in favor of the en banc court the order was withheld, and Judges Gewin and Morgan proposed that the panel would fashion a remedy acceptable to the entire court. Includes proposed panel opinions of Judges Morgan and Gewin; and, TLS (3) of Judge Coleman, TLS of Judge Morgan, and TLS of Judge Gewin on the proposed Morgan opinion. Also includes TLS of Judge Morgan on fashioning an alternate remedy; TLS of Judge Clark on the Morgan opinion, the suggested Coleman/Morgan remedy, and on a further alternative remedy as appropriate; and, TLS and TL of Judge Gewin on the proposal of Judge Clark. And includes TLS of Judge Bell and TLS of Judge Morgan on the Coleman/Morgan proposal; and, proposed order of Judge Morgan and TLS of Judge Morgan on the order. And includes proposed dissent of Judge Gewin; and, TLS of Judge Gewin and TLS of Judge Coleman on the dissent. And includes TLS of Judge Bell on the merits and recasting his vote in favor of an en banc court; and, TLS of Judge Morgan, TLS of Judge Godbold, and TLS of Judge Simpson on the merits, the position of Judge Bell and the en banc vote. And includes memoranda on McNeal v. Tate County School District, 508 F.2d 1017 (1975).