Folder 2

Scope and Contents No. 72-1338; 478 F.2d 1026 (1973), vac'd 510 F.2d 363 (1975) Judge Wisdom initially circulated a proposed opinion for affirmance to which Judge Rives responded with an opinion concurring in part and concurring specially in part. Judge Wisdom revised his proposed opinion, incorporating the Rives opinion, and Judge Rives concurred. The case was voted to be reheard en banc along with Fitzgerald v. Estelle, 505 F.2d 1334. At oral argument, the judges understood counsel for appellee to state that...