Case Files -- Fifth Circuit Court of Appeals En Banc Opinions, Court Term 1967-1968

File — Folder: 12

Identifier: Folder 12

Staff Only

Palmer v. Thompson No. 23,841; 419 F.2d 1222 (1970) adh'g to 391 F.2d 324 (1967), affirmed 403 U.S. 217 (1971) Dissenting opinion of Judge Wisdom. Steele v. Taft No. 23,125; 415 F.2d 1005 (1969) Judge Wisdom for the panel of Judges Wisdom, Goldberg and Jones, had completed a preliminary draft opinion to reverse the district court in Steele, when Judge Rives' panel affirmance in Palmer was circulated. As the two opinions were in conflict, Judges Wisdom and Goldberg requested, and the court approved, rehearing en banc in Palmer, and reargument en banc in Steele. Judge Rives would command a majority of the en banc court in Palmer; Steele would result in an equally divided court. Judge Jones distributed a per curiam affirmance in Steele, in which half of the judges concurred. The opinion was withheld, however, pending completion by Judge Wisdom of his dissent. Before the dissenting opinion had been finished, the appeal became moot, and was accordingly dismissed. Includes draft panel reversal of Judge Wisdom in Steele; TL of Judge Wisdom to Judge Goldberg on his draft opinion in Steele and the Rives opinion in Palmer; and, TLS (with draft TL and draft TLS bearing holograph revisions) of Judge Wisdom on the merits in Steele and Palmer, the Rives opinion in Palmer, and on en banc consideration of both cases as appropriate. Also includes TLS of Judge Rives and TLS of Judge Jones on the Wisdom en banc request; and, correspondence of the judges on the en banc poll. And includes TLS (2) of Chief Judge Brown and TLS of Judge Jones on the consideration of the cases. And includes ALS of Judge Rives and TL of Judge Wisdom on the Wisdom draft opinion in Steele; and, memorandum/outline of Judge Rives on the merits and opinion in Palmer. And includes digest of oral argument; and, holograph notes of Judge Wisdom on the respective positions of the judges in en banc conference. See also 455:7.