Folder 9

Scope and Contents No. 17,278; 263 F.2d 725 (1959)Judge Wisdom and Chief Judge Hutcheson were initially agreed to affirm, Judge Wisdom to write the majority opinion. Judge Wisdom reconsidered and with Judge Rives concurring, the court reversed. Chief Judge Hutcheson dissented.The judges disagreed as to the controlling effect of Johnson v. Empire Machinery Co., 256 F.2d 479 (5th Cir. 1958), written by Judge Rives. Judge Rives thought it controlling; Chief Judge Hutcheson thought it...