Bisbee-Baldwin Corp v. Tomlinson, 1963

File — Folder: 3

Identifier: Folder 3

Staff Only

No. 19,567; 320 F.2d 929 (1963)

Due to what he believed to be inconsistent rulings by different panels of the court in Nelson Weaver Realty Co. v. C.I.R., 307 F.2d 897 (1962), United States v. Eidson, 310 F.2d 111 (1962) and C.I.R. v. Killian, 314 F.2d 852 (1963) involving questions bearing on those presented here, Judge Wisdom, with whom Chief Judge Tuttle agreed, requested an en banc court. Judge Jones and Chief Judge Tuttle excused themselves from participation, and the remaining judges voted down the request.

Includes TL (2) and TLS of Judge Wisdom on the merits and on en banc consideration as appropriate in this case; ANS of Chief Judge Tuttle (on TLS of Judge Wisdom), TLS of Judge Johnson, TLS (3) of Judge Bell, TLS of Judge Carewell, TLS (2) of Judge Brown, TL of Judge Cameron, and ALS of Judge Rives, on the merits and the en banc request of Judge Wisdom; TLS of Judge Hutcheson on en banc hearings, generally, on the Supreme Court and the resolution of inconsistent precedent, generally, and referring to his possible retirement from active service; TLS of Judge Hutcheson and TLS of Judge Bell on the opinion to be written; TLS of Judge Johnson on the proposed Wisdom opinion; and, TLS and TL of Judge Cameron and TLS of Judge Rives on the opinion in this case and that in Nelson Weaver.