Memoranda, Cases argued October 6-9 1959 -- Montgomery, Alabama -- before Chief Judge Rives, and Judges Brown and Wisdom, 1959

File — Folder: 3

Identifier: Folder 3

Staff Only

Includes memoranda on:

City of Albertville, Ala. v. U.S. Fidelity & Guaranty Co. No. 17,746; 272 F.594 (1959)

Includes TLS of Judge Brown on the opinion to be written, and referring to the opinions in Thurber Corp. v. Fairchild Motor Corp., 269 F.2d 841, (1959) and Theriot v. Mercer, 262 F.2d 754 (1959); and TlS of Chief Judge Rives on revision of his opinion as suggested by Judge Brown.

Gibson v. Board of Public Instruction of Dade County, Fla

No. 17,814; 272 F.2d 763 (1959)

Includes TLS of Judge Tuttle on the opinion of Chief Judge Rives in Shuttleworth v. Birmingham Board of Education, 162 F.Supp. 372 (M.D. Ala.) aff'd 358 U.S. 101 (1958)

N.L.R.B. v. Dan River Mills, Inc. No. 17,693; 274 F.2d 381 (1960)

Chief Judge Rives did not agree entirely with opinion of Judge Brown, but agreed nonetheless to concur if Judge Wisdom did.

Includes TLS (2) of Judge Brown, TLS of Chief Judge Rives, and TL of Judge Wisdom on the merits and the proposed opinion of Judge Brown.

See also 53:5.

O'Neal v. United States No. 17,489; 273 F.2d 549 (1960)

Includes TLS of Chief Judge RIves and TLS of Brown on the merits and on the earlier O'Neal opinion, at 264 F.2d 809 (1959).

See also Nedy, 24;14.

Shippen v. C.I.R. No. 17,762; 274 F.2d 860 (1960)

United States v. Priola No. 17,702; 272 F.2d 589 (1950)

Chief Judge Rives responded to the proposed opinion of Judge Brown with a specially concurring opinion, then indicated that he intended to dissent instead. Judge Brown revised his opinion, and the Rives opinion was withdrawn.

Includes TLS of Judge Brown and TLS of Chief Rives on the merits and the opinion as originally proposed by Judge Brown; and, TLS of Judge Brown on revision of his opinion.

In re Tom. R. Watkins No. 17,391; 271 F.2d 771 (1959)

Judges Brown and Wisdom had agreed to deny the writ, when Judge Brown reconsidered and proposed an opinion to issue the writ -- the position held all along by Judge Rives. Judge Wisdom then concurred, making the order unanimous.

Includes TLS of Judge Brown, TLS of Chief Judge Rives, and TL of Judge Wisdom on the opinion; and, TLS of Judge Brown and TLS of Chief Judge Rives on the framing of the order.