Folder 1

Scope and Contents Judge Brown requested that the court be polled on an en banc rehearing in this case, and submitted a proposed order to that effect. Chief Judge Tuttle, along with Judges Brown, Simpson, Goldberg. Thornberry and Wisdom voted against an en banc court, while Judge Bell voted in its favor. Judges Gewin and Godbold objected to the procedure followed, requesting that the parties be permitted to petition for rehearing before a vote was taken. Chief Judge Tuttle and Judges Goldberg and Brown had...