Case Files -- Fifth Circuit Court of Appeals En Banc Opinions, Court Term 1973-1974

File — Folder: 6

Identifier: Folder 6

Staff Only

Fitzgerald v. Estelle No. 72-2459; 505 F.2d 1334 (1974), rev'g Fitzgerald v. Beto, 479 F.2d 420 (1973), cert. den. 422 U.S. 1011 (1975) Judge Godbold circulated a proposed opinion to affirm as modified the panel opinion. Judge Clark followed with a dissenting opinion. Enough Judges, among whom Judge Roney, contrary to his stated position at conference, concurred in the Clark opinion that it was revised to become the opinion of the court. Includes holograph notes of Judge Wisdom on the respective positions of the judges at conference. Also includes proposed majority opinion of Judge Godbold; proposed dissent of Judge Clark; and, TLS of Judge Clark on his dissent. And includes TLS of Judge Roney on the merits and the proposed opinions of Judges Godbold and Clark. And includes TLS of Chief Judge Brown on the proposed opinions in this case, referring to United States v. Soriano, 497 F.2d 147 (1974), and on "fractional" decisions, generally. And includes TLS of Judge Clark on revision of his majority opinion for the en banc court.