Memoranda, Cases argued October 6-9, 1958 -- Montgomery, Alabama -- before Judges Rives, Brown and Wisdom, 1958

File — Folder: 6

Identifier: Folder 6

Staff Only

Includes memoranda on:

Adams v. United States No. 17,260; 260 F.2d 467 (1958) cert. den. 359 U.S. 934 (1959)

Includes TLS of Judge RIves and TLS of Judge Brown on the merits and the proposed opinion of Judge Rives.

Blackford v. Commercial Credit Corp. No. 17,243; 263 F.2d 97, cert. den. 361 U.S. 725 (1959)

Includes TLS of Judge Brown on the merits and his proposed opinion; TLS of Judge Rives on concurring; TLS (2) of Judge Brown on the merits on petition for rehearing and on the result reached; and, TLS of Judge Rives on the result reached.

Burford-Toothaker Tractor Co. v. United States No. 17,151; 262 F.2d 891 (1959)

Mitchell v. Jaffe No. 17,164; 261 F.2d 883 (1958)

This opinion was twice revised at the request of Judges Jones and Tuttle, who were sitting with judge Brown on the panel hearing Sams v. Beckworth, 261 F.2d 889 (1958), a similar case.

Includes TLS (2) of Judge Brown and TLS of Judge RIves on the merits and opinion in this case and in Sams; and, TLS of Judge Brown on further revision of the opinion in this case and in Sams.

Point Landing, Inc. v. Alabama Dry Dock & Shipbuilding Co. No. 17,250; 261 F.2d 861 (1958)

includes TLS of Judge Brown on revision of the opinion as suggested by Judge Rives

United States v. Merchants National Bank of Mobile, Ala. No. 17,197; 261 F.2d 570 (1958)

Includes TLS of Judge Brown on the opinion of Judge Rives.

United States v. one 1955 Model Ford 2-Door Coach No.17,233; 261 F.2d 125 (1958)

The opinion of Judge Brown was revised to meet the suggestion of Judge Rives.

Includes TLS of Judge Rives on the opinion as originally proposed and on its revision as appropriate; TLS of Judge Brown on revision of the opinion; and, TL of Judge Wisdom on the opinion in this case, and referring to Burford-Toothaker Tractor Co. V. United States 262 F.2d 891 (1959), and to Wiggins v. United States, 261 F.2d 113 (1958).

United States ex rel Goldsby v. Harpole No. 17,300; 263 F.2d 71, cert. den. 361 U.S. 838, cer. den. 361 U.S. 840 (1959)

At conference the judges intended to affirm. While researching the opinion, however, Judge Rives came instead to support reversal, and was able to persuade Judges Brown and Wisdom.

Includes TLS of Judge Rives and TLS of Judge Brown on the merits and the opinion to be written; and, TL and TLS of Judge Brown on the opinion as proposed by Judge Rives, and on revision of the opinion as appropriate.

See also 13:5; Powell, 34:3; 76:4.