Folder 2

Scope and Contents Littlejohn v. Shell Oil Co. No. 71-2090; 483 F.2d 1140 (1973), vac'g 456 F.2d 225 (1972), cert. den. 414 U.S. 1116 (1973) Judge Dyer first voted for en banc consideration in this case but then recused himself, resulting in a tied vote. Chief Judge Brown recast his vote and broka the tie in favor of en banc rehearing. Judge Clark concurred in the proposed en banc majority opinion of Judge Beil, but then withdrew in part his concurrence. Includes TLS of Judge Clark on the merits and the panel...