Case Files -- Fifth Circuit Court of Appeals En Banc Opinions, Court Term 1971-1972

File — Folder: 7

Identifier: Folder 7

Staff Only

United States v. Colbert No. 71-2097; 474 F.2d 174 (1973), vac'g 454 F.2d 801 (1972) In conference a majority of the judges voted to limit the opinion to one question. Judge Thornberry was assigned to write, and did write an opinion along these lines. Chief Judge Brown, one of the conference majority, then circulated a proposed opinion not so limited, and nearly obtained a majority of the court. Includes TL of Judge Clark, on the merits and the panel opinion, and on en banc reconsideration of this case as appropriate. Also includes holograph notes of Judge Wisdom on the respective positions on the merits of the judges in en banc conference. And includes TL and TLS of Judge Roney, and TLS of Judge Bell on the judges' concurrences as opposed to stated conference positions; and, TLS of Judge Tuttle on the merits, the Thornberry opinion, the Goldberg dissent, and referring to his own dissenting opinion in United States v. Wyscoki, 457 F.2d 1155 (1972) . See also 652:2.