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Mercer v. Theriot, 1963

 File — Folder: 9
Identifier: Folder 9
No. 19,068; 316 F.2d 635 (1963), rev'd 377 U.S. 152, reh. den. 377 U.S. 973 (1964)

(en banc)

Judge Gewin had concurred in the opinion of Judge Wisdom when the proposed dissenting opinion of Judge Rives was circulated among all of the judges. Judge Gewin found the dissent persuasive, and withdrew his concurrence in the Wisdom opinion to join in the dissent.

Judge Wisdom, in response to the dissenting opinion of Judge Rives , drafted and circulated a special opinion which he proposed to be filled with the majority opinion. Juge Jones counseled against its publication; Judge Rives thought it likely to carry the case to the Supreme Court. Judge Wisdom later withdrew it.

Includes TL of Judge Hutcheson and TLS of Judge Cameron, on the merits and on Theriot v. Mercer 262 F.2d 754 (1959); TLS of Judge Cameron on the opinion to be written and on the opinion in Huffstulter v. Hercules Powder Co., 305 F.2d 292 (1962); TLS of Judge Brown on the opinion of Judge Wisdom and referring to Alva Brumfield, counsel for appellant; and, TLs of Judge Gewin on the Wisdom and Rives opinions and on his changed position on the merits.

Also includes proposed special opinion of judge Wisdom; TL of Judge Wisdom to Judge Rives, TLS of Jduge Gewin, TLS of Judge Bell, and TLS of Judge Jones on the propsed special opinion; TLS (2) of Judge Rives on the proposed special opinion, on the opinion at 262 F.2d 754, on juries and review of jury verdicts, generally, and on Judge Hutcheson; TL of Judge Wisdom to Judge Rives referring to Judge Cameron ; TLS of Judge Wisdom (bearing holograph response of Judge Hutcheson) on his decision not to file the special opinion; and, TLS of Judge Hutcheson on the merits on petition for rehearing.

And includes memoranda on Lincoln National Life Insurance Co. v. Roosth, 306 f2.d 110, (1962) (en banc) among which TLS of Judge Brown, TLS of Judge Cameron and TLS of Judge Gewin on the opinion as proposed by Judge Brown.

See also 43:2; 451:2.

Dates

  • Created: 1963

Extent

From the Collection: 0.00 Linear Feet

Creator

Repository Details

Part of the Tulane Law School Repository

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