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

File — Folder: 8

Identifier: Folder 8

Staff Only

Park v. Huff No. 73-1897; 506 F.2d 849 (1975), rev'g 493 F.2d 923 (1974), cert. den. 423 U.S. 824 (1975) Majority panel opinion of Judge Wisdom; en banc dissenting opinion of Judge Wisdom. The panel in this case, composed of Judges Wisdom, Coleman and Simpson, at conference agreed to affirm. Judge Wisdom, with whom agreed Judge Simpson, came instead to favor reversal. Judge Coleman's majority opinion for the court en banc was revised by him, sua sponte, after submission of the opinion to the other judges. This change would require revision of the Wisdom dissent. Includes holograph notes of Judge Wisdom on oral argument before the panel. Also includes TLS (and draft TL) of Judge Wisdom and TLS of Judge Simpson on the merits, the panel conference decision to affirm, and on reversal as appropriate; and, TLS of Judge Simpson on the panel opinion of Judge Wisdom. And includes holograph notes of Judge Wisdom on the respective positions of the judges in conference en banc. And includes majority opinion of Judge Coleman for the court en banc as first proposed; TLS of Judge Coleman on revision of his proposed majority opinion; and, TLS of Judge Coleman on the Thornberry dissent. And includes dissent as first proposed by Judge Wisdom; and, TLS of Judge Wisdom on revision of his dissent. And includes TLS of Judge Gewin on his conference position to affirm the panel opinion and his specially concurring opinion. And includes TLS of Judge Ainsworth on the motion of petitioner to stay the mandate. And includes TLS (2) of Judge Coleman on the delay in handing down the opinion. And includes TLS of Alan N. Polasky, University of Michigan Law School, on the position of Judge Wisdom in this case. And includes correspondence and other memoranda on Parks v. Harden and Harris v. Mississippi State Department of Public Welfare, 504 F.2d 861 (1974), vac'd in part 516 F.2d 972 (1975), among wnich, TLS of Judge Clark and TLS of Judge Coleman on the prayer of appellant for a stay of mandate. See also 713:1.