Davis v. Board of School Commissioners of Mobile County, Ala., 1963
File — Folder: 6
Identifier: Folder 6
No. 20,657; 322 F.2d 356, cert. den. 375 U.S. 394 (1963) reh. den. 376 U.S. 928 (1964)
Judge Cameron objected to the assignment of this case to the panel of Judges Brown, Wisdom and Bell, and requested en banc consideration. Judges Bell, Rives, Jones and Gewin voted in favor of convening an en banc court -- with Judge Cameron, a majority. A date for the hearing was set.
Judge Cameron then objected to the preferential treatment accorded the case, and moved that it instead be heard in the coming term. This objection was mooted, however, as the order entered by the panel was modified by Judge Wisdom so to conform exactly with that entered in Armstrong v. Board of Education of the City of Birmingham, 323 F.2d 333 (1963), an order in which Judge Rives had concurred. Judge Rives then withdrew his vote and recast it, decisively, against en banc proceedings.
Includes TLS of Judge Cameron on the procedure by which the appeal was heard, and on en banc consideration of the case as appropriate; TLS (2) of Judge Bell and TLS of Judge Rives on the merits and the en banc request; Armstrong/Davis order bearing holograph revisions of Judge Wisdom; TLS of Chief Judge Tuttle on revision of the order and the changed position of Judge Rives on the en banc request; and, ANS of Judge Brown on the revised order.
Also includes TLS of Judge Bell on the need to formulate and abide by rules for assignment, notice, record requirement and hearings, in civil rights cases. And includes memoranda on Armstrong.
See also 59:5; Gaines, 78:3.
Judge Cameron objected to the assignment of this case to the panel of Judges Brown, Wisdom and Bell, and requested en banc consideration. Judges Bell, Rives, Jones and Gewin voted in favor of convening an en banc court -- with Judge Cameron, a majority. A date for the hearing was set.
Judge Cameron then objected to the preferential treatment accorded the case, and moved that it instead be heard in the coming term. This objection was mooted, however, as the order entered by the panel was modified by Judge Wisdom so to conform exactly with that entered in Armstrong v. Board of Education of the City of Birmingham, 323 F.2d 333 (1963), an order in which Judge Rives had concurred. Judge Rives then withdrew his vote and recast it, decisively, against en banc proceedings.
Includes TLS of Judge Cameron on the procedure by which the appeal was heard, and on en banc consideration of the case as appropriate; TLS (2) of Judge Bell and TLS of Judge Rives on the merits and the en banc request; Armstrong/Davis order bearing holograph revisions of Judge Wisdom; TLS of Chief Judge Tuttle on revision of the order and the changed position of Judge Rives on the en banc request; and, ANS of Judge Brown on the revised order.
Also includes TLS of Judge Bell on the need to formulate and abide by rules for assignment, notice, record requirement and hearings, in civil rights cases. And includes memoranda on Armstrong.
See also 59:5; Gaines, 78:3.
Dates
- Created: 1963
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:
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New Orleans LA 70118 US
6239 Freret St
New Orleans LA 70118 US