Butler v. Bazemore, 1962
File — Folder: 5
Identifier: Folder 5
No. 18,732; 303 F.2d 188 (1962)
This case was originally argued before a panel of Circuit Judges Wisdom and Cameron, and District Judge Thomas. While drafting the opinion, Judge Wisdom came to feel that Bazemore v. Whittington, 245 F.2d 943 (1957) otherwise controlling in this case, should be overruled. He thus suggested, initially to Chief Judge Tuttle, and then to Judges Hutcheson, Rives, Cameron, Jones and Brown, that an en banc court be convened. The judges agreed - Judge Wisdom then circulated his proposed opinion among all the judges.
At the suggestion of Judge Brown, which was supported by Judges Cameron and Hutcheson, the parties in Whittington were invited to file briefs in this action. Members of the court disagreed as to whether Judges Bell and Gewin, who were sworn in after the court had voted to consider the case en banc, should participate in the decision. Judge Brown suggested, and Judges Tuttle, Rives, and Jones agreed, that they should so participate. Judges Hutcheson and Wisdom were of the contrary view. Judge Wisdom questioned also whether the new judges were to participate in the decision on their participation in the en banc court. This matter seems not to have been pursued; Judges Bell and Cameron aligned themselves with the majority on the question of participation -- the new members would take part.
Includes TL (and draft TL) of Judge Wisdom to Chief Judge Tuttle on the merits in this case and in Whittington; TLS of Chief Judge Tuttle to Judge Wisdom and TL (3) of Judge Wisdom on en banc consideration of Butler as appropriate; TLS of Judge Hutcheson and TLS of Judge Judes on the position of Judge Wisdom; TLS (2) of Judge Rives and TLS of Judge Brown on the Whittington decision and the en banc request. Also includes TL of Judge Wisdom to District Judge Dawkins and TLS of Judge Dawkins to Judge Widsom on the proposed Wisdom opinion.
And includes TLS of Judge Brown, TLS (2) of Hutcheson, TLS of Judge Rives, TLS of Judge Jones to Chief Judge Tuttle, TL of Judge Wisdom, TLS of Bell and TL of Judge Cameron on the participation Judges Bell and Bewin in the decision; and, TL of Judge Tuttle, TLS of Judge Bell, TLS (2) of Judge TLS of Judge Cameron, TLS of Judge Rives, and TLS of Judge Gewin on the opinion of Judge Wisdom.
See also 451:2.
This case was originally argued before a panel of Circuit Judges Wisdom and Cameron, and District Judge Thomas. While drafting the opinion, Judge Wisdom came to feel that Bazemore v. Whittington, 245 F.2d 943 (1957) otherwise controlling in this case, should be overruled. He thus suggested, initially to Chief Judge Tuttle, and then to Judges Hutcheson, Rives, Cameron, Jones and Brown, that an en banc court be convened. The judges agreed - Judge Wisdom then circulated his proposed opinion among all the judges.
At the suggestion of Judge Brown, which was supported by Judges Cameron and Hutcheson, the parties in Whittington were invited to file briefs in this action. Members of the court disagreed as to whether Judges Bell and Gewin, who were sworn in after the court had voted to consider the case en banc, should participate in the decision. Judge Brown suggested, and Judges Tuttle, Rives, and Jones agreed, that they should so participate. Judges Hutcheson and Wisdom were of the contrary view. Judge Wisdom questioned also whether the new judges were to participate in the decision on their participation in the en banc court. This matter seems not to have been pursued; Judges Bell and Cameron aligned themselves with the majority on the question of participation -- the new members would take part.
Includes TL (and draft TL) of Judge Wisdom to Chief Judge Tuttle on the merits in this case and in Whittington; TLS of Chief Judge Tuttle to Judge Wisdom and TL (3) of Judge Wisdom on en banc consideration of Butler as appropriate; TLS of Judge Hutcheson and TLS of Judge Judes on the position of Judge Wisdom; TLS (2) of Judge Rives and TLS of Judge Brown on the Whittington decision and the en banc request. Also includes TL of Judge Wisdom to District Judge Dawkins and TLS of Judge Dawkins to Judge Widsom on the proposed Wisdom opinion.
And includes TLS of Judge Brown, TLS (2) of Hutcheson, TLS of Judge Rives, TLS of Judge Jones to Chief Judge Tuttle, TL of Judge Wisdom, TLS of Bell and TL of Judge Cameron on the participation Judges Bell and Bewin in the decision; and, TL of Judge Tuttle, TLS of Judge Bell, TLS (2) of Judge TLS of Judge Cameron, TLS of Judge Rives, and TLS of Judge Gewin on the opinion of Judge Wisdom.
See also 451:2.
Dates
- Created: 1962
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