Folder 3

Scope and Contents No. 30,722; 460 F.2d 568 (1971), cert. den. Tate Educational Foundation, Inc. v. McNeal, 413 U.S. 922 (1973) Chief Judge Brown had concurred in an opinion by Judge Morgan, Judge Gerwin dissenting, when the opinions were circulated to all members of the court. Judge Coleman objected to the panel's proposed disposition of the case, and, with Judge Clark, subsequently requested en banc reconsideration. Judge Morgan then suggested that the panel opinion could be altered as to remedy along the...