Memoranda, Cases argued October 3-6, 1960 -- Montgomery, Alabama -- before Judges Rives, Brown, and Wisdom, 1960

File — Folder: 3

Identifier: Folder 3

Staff Only

Includes memoranda on:

Baldwin v. Morgan No. 18,280; 287 F.2d 750 (1961)

Includes TLS of Judge Brown on the merits and on his proposed opinion; and, TLS of Judge Rives and TLS of Judge Wisdom o nthe opinion of Judge Brown.

Dallas County v. Commercial Union Assurance Co., Ltd. No. 18,217; 286 F.2d 388 (1961)

Florida Trailer & Equipment Co. v. Deal No. 18,262; 284 F.2d 567, 94 ALR 2d 638 (1960)

Includes TLS of Judge Brown on the merits and on his proposed opinion; and, TLS of Judge Rives on the opinion of Judge Brown.

Henderson v Flemming No. 18,386; 283 F.2d 882 (1960)

Includes TLS of Judge Brown on the merits and on his proposed opinion; and TL of Judge Wisdom on the Brown opinion, and the U.S. Department of Health, Education and Welfare, generally.

Horton v. United States Steel Corp. No. 18,367; 286 F.2d 710 (1961)

Includes TLS of Judge Brown on the merits and his proposed opinion; and, TLS of Judge Rives and TL of Judge Wisdom on the opinion of Judge Brown.

Hoyt v. United States No. 18,500; 286 F.2d 356 (1961)

Judge Rives' proposed opinion had been concurred in by Judges Brown and Wisdom when Judge Rives became hesitant to release it. As he explained the case was argued by a former law clerk of his, who at the time of this appeal was associated with Judge Rives' former partner. Judge Rives was certain that he had in no way been influenced as to the merits of the case, but was concerned that not to have recused himself would nonetheless appear improper. This, at a time when Judge Rives was already subject to editorial and other criticism in the region for his part in civil rights cases. The opinion was, however, released.

Includes TLS of Judge Rives, TLS of Judge Brown and TL of Judge Wisdom on the opinion as proposed by Judge Rives; TLS of Judge Rives on conflicts of interest, in this case, and generally, and referring to Judge Gunter (Ala. Ct. App.), Justices Black and Jackson, Jewell Ridge Coal Corp. v. Local No. 6167, United Mine Workers of America, 325 U.S. 161 (1945), and to editorial criticism to which he had been subjected.

M & R Construction Co. v. National Homes Corp. No. 18,388; 286 F.2d 638 (1961)

Patterson v. Thomas No. 18,263; 2 89 F.2d 108, cert. den. 368 U.S. 837 (1961), reh. den. 370 U.s. 966 (1962)

Includes TLS of Judge Brown on his dissent; and, TLS of Judge Brown on the petition for rehearing.

See also 514:1.

Powell v. Wiman No. 18,368; 287 F.2d 275, later appeal 293 F.2d 605 (1961)

Includes TLS of Judge Rives on his proposed opinion; TLS (3) of Judge Rives, TLS (2) of Judge Brown and TL (2) of Judge Wisdom, on the Rives opinion, on revision of the opinion, and referring to [United States ex rel Goldsby v. Harpole, 263 F.2d 71 (1959)] and [Mackenna v. Ellis, 263 F.2d 35 (1959)]; and. TLS of Judge Rives on the stay of mandate issued by him in Powell.

United States v. Dixie Fire Block Co., Inc. No. 18,106; appeal dismissed.