Folder 3

Scope and Contents No. 76-1183; 556 F.2d 1219, reh. den. 564 F.2d 98 (1977), cert. den. 434 U.S. 1069 (1978) Judge Tuttle had concurred in the proposed opinion of Judge Wisdom in this case, and Judge Coleman had drafted a dissent, when the Supreme Court decided United Air Lines v. Evans, 431 U.S. 553 (1977). Judge Coleman thought Evans controlling and suggested that the Wisdom opinion be revised accordingly. When the opinion was not modified to his satisfaction he requested an en banc poll. The vote was seven...