Case Files -- Fifth Circuit Court of Appeals En Banc Opinions, Court Term 1975-1976

File — Folder: 14

Identifier: Folder 14

Staff Only

Riley v. Adirondack Southern School for Girls No. 74-1976; 541 F.2d 1124 (1976) Judge Wisdom did not participate in the en banc decision of this case. Judge Simpson had concurred in the proposed panel opinion of Judge Tuttle in this case when Judge Coleman, intending to dissent, requested that the Tuttle opinion by circulated among all the judges prior to publication. When Judge Tuttle declined, Judge Coleman, with whom Judge Dyer agreed, requested an en banc poll prior to the opinion's publication. Chief Judge Brown then requested circulation of the panel opinion, and the panel obliged. The en banc poll followed. Includes proposed panel opinion of Judge Tuttle; TLS of Judge Coleman on the Tuttle proposal and on its circulation as appropriate; and, TL of Judge Tuttle and TL of Chief Judge Brown on the Coleman request. Also includes memorandum of Judge Coleman on the merits, the proposed Tuttle opinion, and on rehearing en banc as appropriate; and, TLS of Judge Dyer, TLS of Chief Judge Brown, TLS of Judge Simpson, TL of Judge Tuttle, TLS of Judge Gee and TLS of Judge Clark on the Coleman request. And includes TLS of Judge Wisdom on the en banc poll, and on the criterion for putting cases en banc, generally.