Case Files -- Fifth Circuit Court of Appeals En Banc Opinions, Court Term 1974-1975

File — Folder: 5

Identifier: Folder 5

Staff Only

Biedenharn Realty Co. v. United States No. 73-3690; 526 F.2d 409 (1976), rev'g 509 F.2d 171 (1972), cert. den. 429 U.S. 819 (1976) Judge Coleman requested that the panel's proposed opinion be circulated to the entire court prior to publication, while Judges Tuttle and Simpson intended to adhere to the usual practice of the court and publish it. Judge Coleman called for an en banc poll; Judges Brown and Dyer requested circulation of the opinion prior to publication. The en banc poll was taken. Includes TLS of Judge Coleman on the proposed panel opinion of Judge Tuttle and on its circulation as warranted; TLS of Judge Tuttle, TL and TLS of Chief Judge Brown, TLS of Judge Dyer and TLS of Judge Simpson on the Coleman request; and, TLS of Judge Coleman on the merits and on en banc consideration as appropriate. Also includes proposed opinion of Judge Tuttle; TL of Judge Tuttle on the Coleman request and on his proposed opinion; TLS of Judge Gee and TLS of Judge Clark on the proposed panel opinion and the merits; and, TLS of Judge Wisdom on the en banc request and on the criterion for putting a case en banc, generally.