Dunham v. Pannell, 1959
File — Folder: 9
Identifier: Folder 9
No. 17,278; 263 F.2d 725 (1959)
Judge Wisdom and Chief Judge Hutcheson were initially agreed to affirm, Judge Wisdom to write the majority opinion. Judge Wisdom reconsidered and with Judge Rives concurring, the court reversed. Chief Judge Hutcheson dissented.
The judges disagreed as to the controlling effect of Johnson v. Empire Machinery Co., 256 F.2d 479 (5th Cir. 1958), written by Judge Rives. Judge Rives thought it controlling; Chief Judge Hutcheson thought it incorrectly decided and wanted it overruled.
Includes TLS of Judge Rives on the merits and on Johnson; TLS of Chief Judge Hutcheson on the merits, and on affirmance and overruling Johnson as appropriate; TL of Judge Wisdom on his changed position on the merits; and, TLS of Chief Judge Hutcheson on certain changes as appropriate in that part of the majority opinion in which he concurred.
Also includes TLS of Judge Rives on certain language in the dissenting opinion of Chief Judge Hutcheson as objectionable, and on reference to District Judges in appellate opinions, generally.
Judge Wisdom and Chief Judge Hutcheson were initially agreed to affirm, Judge Wisdom to write the majority opinion. Judge Wisdom reconsidered and with Judge Rives concurring, the court reversed. Chief Judge Hutcheson dissented.
The judges disagreed as to the controlling effect of Johnson v. Empire Machinery Co., 256 F.2d 479 (5th Cir. 1958), written by Judge Rives. Judge Rives thought it controlling; Chief Judge Hutcheson thought it incorrectly decided and wanted it overruled.
Includes TLS of Judge Rives on the merits and on Johnson; TLS of Chief Judge Hutcheson on the merits, and on affirmance and overruling Johnson as appropriate; TL of Judge Wisdom on his changed position on the merits; and, TLS of Chief Judge Hutcheson on certain changes as appropriate in that part of the majority opinion in which he concurred.
Also includes TLS of Judge Rives on certain language in the dissenting opinion of Chief Judge Hutcheson as objectionable, and on reference to District Judges in appellate opinions, generally.
Dates
- Created: 1959
Extent
From the Collection: 0.00 Linear Feet
Creator
- From the Collection: Wisdom, John Minor (Person)
Repository Details
Part of the Tulane Law School Repository
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New Orleans LA 70118 US
6239 Freret St
New Orleans LA 70118 US