Folder 1

Scope and Contents No. 71-2397; 448 F.2d 1392 (1971) This case had been routinely assigned to a panel of Judges Gewin, Goldberg and Dyer for oral argument when Judge Bell requested an en banc court. The scheduled panel hearing was vacated and an en banc poll was taken. A majority of the court voted against so convening; Judge Bell dissented. Includes TLS of Judge Bell on the issues presented, the merits, and on constitution of an en banc court as appropriate; memorandum of Judges Gewin, Goldberg and Dyer on the...