Noah v. Liberty Mutual Insurance Co., 1959
File — Folder: 2
Identifier: Folder 2
No. 17,282; 265 F.2d 547 rev'd, 267 F.2d 218 (1959)
Chief Judge Hutcheson and Judge Cameron originally concurred in Judge Wisdom's proposed opinion to affirm. In view of Hahn v. Ross Island Sand & Gravel Co., 358 U.S. 272 (1959), decided while this case was under consideration, Chief Judge Hutcheson returned the opinion, revised, to reverse. Judge Wisdom thought the cases distinguishable in principle and circulated a revised draft to affirm. Chief Judge Hutcheson wrote a dissent, which judge Cameron joined and suggested become the majority opinion. The opinion was filed, Judge Wisdom writing for the court, Chief Judge Hutcheson and Judge Cameron concurring specially, and Judge Wisdom dissenting.
Appellant applied for a rehearing, claiming the decision in conflict with Flowers v. Traveler's Insurance Co., 258 F.2d 220 (1958) (opinion by Judge Brown). Judge Wisdom proposed an en banc hearing, where the court reversed, affirming the district court.
Includes originally proposed affirmance of Judge Wisdom; revised opinion to reverse of Chief Judge Hutcheson; ANS of Chief Judge Hutcheson on revision of the opinion; TLS of Judge Wisdom on the merits and on the respective positions of the panel judges; TL of Judge Wisdom on the merits in light of Hahn; TLS of Judge Brown to Judge Cameron on the merits in this case and the opinion of the former in Flowers; ANS of Judge Brown on the revised opinion of Judge Wisdom; TLS and TL of Judge Cameron in the proposed dissent of Chief Judge Hutcheson; and, ANS of Judge Brown to Judge Wisdom on the respective positions of the judges on the panel in this case and on possible Supreme Court review of Flowers.
Also includes TLS of Judge Wisdom and TLS of Judge Rives on Noah and Flowers and on en banc reconsideration as appropriate; TLS of Judge Brown TLS of Judge Jones TL and TLS of Judge Cameron and TLS of Judge Tuttle on possible reconsideration of Flowers; and, TLS of Judge Rives on the merits in Noah.
And includes ANS of Judge Jones on the opinion of Judge Wisdom for the court en bane.
See also 10:4; 22:6.
Chief Judge Hutcheson and Judge Cameron originally concurred in Judge Wisdom's proposed opinion to affirm. In view of Hahn v. Ross Island Sand & Gravel Co., 358 U.S. 272 (1959), decided while this case was under consideration, Chief Judge Hutcheson returned the opinion, revised, to reverse. Judge Wisdom thought the cases distinguishable in principle and circulated a revised draft to affirm. Chief Judge Hutcheson wrote a dissent, which judge Cameron joined and suggested become the majority opinion. The opinion was filed, Judge Wisdom writing for the court, Chief Judge Hutcheson and Judge Cameron concurring specially, and Judge Wisdom dissenting.
Appellant applied for a rehearing, claiming the decision in conflict with Flowers v. Traveler's Insurance Co., 258 F.2d 220 (1958) (opinion by Judge Brown). Judge Wisdom proposed an en banc hearing, where the court reversed, affirming the district court.
Includes originally proposed affirmance of Judge Wisdom; revised opinion to reverse of Chief Judge Hutcheson; ANS of Chief Judge Hutcheson on revision of the opinion; TLS of Judge Wisdom on the merits and on the respective positions of the panel judges; TL of Judge Wisdom on the merits in light of Hahn; TLS of Judge Brown to Judge Cameron on the merits in this case and the opinion of the former in Flowers; ANS of Judge Brown on the revised opinion of Judge Wisdom; TLS and TL of Judge Cameron in the proposed dissent of Chief Judge Hutcheson; and, ANS of Judge Brown to Judge Wisdom on the respective positions of the judges on the panel in this case and on possible Supreme Court review of Flowers.
Also includes TLS of Judge Wisdom and TLS of Judge Rives on Noah and Flowers and on en banc reconsideration as appropriate; TLS of Judge Brown TLS of Judge Jones TL and TLS of Judge Cameron and TLS of Judge Tuttle on possible reconsideration of Flowers; and, TLS of Judge Rives on the merits in Noah.
And includes ANS of Judge Jones on the opinion of Judge Wisdom for the court en bane.
See also 10:4; 22:6.
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
Contact:
6239 Freret St
New Orleans LA 70118 US
6239 Freret St
New Orleans LA 70118 US