Merdith v. Fair, 1962

File — Folder: 2

Identifier: Folder 2

Staff Only

No. 19,475; 305 F.2d 343, recalled 306 F.2d 374, cert. den. 371 U.S. 828 (1962)

Judge Brown suggested certain changes in the opinion of Judge Wisdom in this case which were not adopted.

Judge DeVane's dissent would be revised prior to publication.

Includes holograph notes of Judge Wisdom on oral argument ( April 20,1962); AN of Judge Brown referring to segregation in the State of Mississippi; and, draft opinion of Judge Wisdom bearing revisions.

Also includes TL of Judge Wisdom to District Judge DeVane, referring to the opinions of the latter in Illinois Central Railroad Co., 305 F.2d 136 (1962), referring to his own opinion in this case, and on prompt release of the Meredith opinion as appropriate; and , TL of Judge Wisdom to Judge Brown on the Meredith opinion and its prompt release as appropriate, and referring to the opinions of Judge Brown in Lincoln National Life Ins. Co. v . Roosth, 306 F.2d 110 (1962) and Brotherhood of Railroad Trainmen v. Central of Georgia Railway Co., 305 F.2d 605 (1962) and to his own opinion to be written in Mercer v. Theriot, 316 F.2d 625 (1963).

And includes TLS of Judge Brown on the proposed opinion of Judge Wisdom, on certain revisions in it as appropriate, and on his desire for unanimity and the position of Judge DeVane on the merits; TLS of Judge Brown to Judge Wisdom on the Wisdom opinion; TLS of Judge De Vane on the proposed Wisdom opinion, on the merits, and on intergration, generally; and, TLS (bearing ANS) of Chief Judge Tuttle on the Wisdom opinion.

And includes proposed dissent of Judge DeVane; TLS of Judge Devane on his proposed dissent; TLS of Judge DeVane on the Motion that the Mandate of the Court Issue Forthwith; and, TLS of Judge DeVane on revision of his dissenting opinion.

And includes TL of Judge Wisdom to chief Judge Tuttle on the 1961-62 Court Term, generally.

And includes TLS of Judge Wisdom to Judge Brown referring to Kalter v. Norton, 202 F.Supp. 950 (S.D.N.Y. 1962).